Brinkley v. State

When my brethren dispose of this case upon the theory that the overruling of the motion for new trial denied to appellant the right of appeal, I do not know whether they are leading me, or themselves, up a blind alley.

No one is complaining, here, of the overruling of the motion for new trial. Appellant is not complaining of any error committed in the overruling of the motion for new trial because of matters alleged therein.

In so far as this record is concerned, the only purpose served by the motion for new trial was to keep the conviction from becoming final.

The sole and only matter now…