State v. Futrell

Defendant was charged by information with the felony of abortion. Upon trial he was found guilty and his punishment was fixed at a fine of $1,000. The trial court sustained defendant's motion for a new trial and overruled the State's later motion to set aside the order sustaining the motion for a new trial. The prosecuting attorney then filed his application and affidavit for appeal, and appeal to this court was granted.

I. The right of the State to take an appeal is first to be determined. Defendant's motion for a new trial gave as some of the reasons therefor that the information failed to…