State v. Parlin

PER' CURIAM,

This is a motion to dismiss an appeal. The defendant was convicted of the crime of assault and battery in the county court of Hyde county, S. D. The judgment of conviction was entered! -by the trial court on June 8, 1935. The defendant presented no application for a new trial to the judge of the county court until the 4th day of November, 1935, and the application then presentedl was not made upon the ground of newly discovered evidence.

Section 4946, R. C. 1919, provides as follows: “The application for a new trial must be made before judgment, but the court or judge thereof may,…