State v. Griffin

COLEMAN, Justice.

The condemnor undertakes to appeal “from that, judgment of (sic) . order .granting a new trial entered by the Honorable F. O. Whitten, Jr., Judge of said Court, on the 17th day of January, 1966.”

We have concluded that we must dismiss the appeal because we have not found, in the record before us, a judgment granting a new trial, which will support an .appeal.

The record shows:

A judgment of the circuit court dated December 10, 1965;

A motion for new trial presented to the trial judge December 21, 1965;

• An endorsement signed by the trial judge which recites that the motion was…