State v. Bowder

Defendant was convicted of the crime • of perjury. The appeal is from the judgment and from an order denying'a motion for a new trial.

The principal errors assigned deal with the sufficiency of the evidence. It is disclosed by the record that no application was made for a new trial until several months after the entry of judgment, and that the application as made was not based upon newly discovered evidence. The trial court was without jurisdiction to hear such a motion after the expiration of the time fixed by section 4946 of the Revised Code of 1919. State v. Parlin, 64 S. D. 572, 269 N. W.…