Earnest v. State

“Where one lias been convicted and sentenced in a erim-

inal case and has made a motion for a new trial, he can not, while the motion is still pending and undisposed of in the lower court, maintain a bill of exceptions assigning error upon the refusal of the court to set aside the sentence and judgment, the motion to set aside being based on an- alleged error committed at the. trial that entered into and . affected the judgment, viz., that the sentence and judgment were passed and signed while the defendant was absent from the court-room. If the motion to set asid’e should be sustained, it…