Bird v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of bur-glory. When the court called him up for sentence, he interposed a motion for new trial, under article 839, Code Criminal Procedure. This motion was not filed within the two days mentioned in the statute; in fact he had not filed a motion for new trial or motion in arrest of judgment. This occurred some days after his conviction, and he asked to be heard on the motion for new trial, and for its disposition, in bar of the sentence. Appellant was not defended by an attorney and was unable to secure counsel to assist him, until about…