Goodman v. State

This case is before the court on a motion of the attorney general to dismiss the petition in error for the reason thát the transcript and petition in error were filed in this court *663out of time. Should this motion be sustained?

The record in this case discloses that on May 4, 1936, the .trial court overruled defendant’s motion for a new trial and sentenced him to two years in the penitentiary. On May 7, 1936, the journal entry overruling the motion for a new trial and sentencing the defendant was filed and entered on the court journal in the office of the clerk of the district court. There can…