Sutton v. State

Appellant was indicted for the manslaughter of her husband and after a trial by jury, was convicted of the lesser included offense of assault and battery with intent to commit a felony. She was sentenced to the Indiana Women’s Prison for a period of one to ten years.

On this appeal the only error assigned is the overruling of appellant’s motion for new trial.

Appellee (The State) has filed motion to dismiss or affirm asserting that the verdict was returned on July 29, 1959, but that the motion for new trial was not filed until 37 days thereafter on September 4, 1959, which was too late under…