Moore v. State

FOSTER, Justice.

This is an' appeal from a judgment in which appellant was adjudged guilty ‘of murder in the first degree, and his punishment fixed at death. The judgment and sentence were rendered December 19, 1939, A motion for a new trial was made and acted on by the court. A bill of exceptions was presented to the trial judge within, ninety days after the court refused the motion for a new trial. ’ The judge refused to sign it, and appellant has moved this Court to establish it under the provision of section 6435, Code, Code 1940, Tit. 7, §§ 824, 826; Supreme Court Rule No. 40, Code 1940,…