Phillips v. State

This is an appeal from a judgment upon a verdict of guilty of having committed a criminal offense.

Appellee moves to dismiss the appeal. The verdict was returned June 21, 1929, and judgment rendered upon the verdict June 26, 1929. Appellant’s motion for a new trial, which was filed July 5, 1929, was overruled July 27, 1929. Notice of appeal (Acts 1905, ch. 169, §330, p. 584, §2384 Burns 1926) to the prosecuting attorney was served and acknowledged July 29, 1929. The appeal was not perfected under this notice. Thereafter, on December 21,1929, appellant served his second notice of appeal upon…