Koger v. State

HARWOOD, Presiding Judge.

This appellant, Luther Koger, has been found guilty under an indictment charging him with assaulting Raymond Pollard with the intent to murder him.

Appellant’s motion for a new trial being-overruled an appeal was perfected to this court.

The Attorney General has filed a motion to strike the transcript of the evidence from the record on the grounds that it was not filed with the clerk of the circuit court below within sixty days of the date the appeal was taken.

In this connection the record shows that the verdict was returned, and judgment entered on 23 November 1954. On…