Smith v. State

Rufus Smith was indicted at the September term, 1951, of Franklin Superior Court for murder, to which he pleaded not guilty. The defendant was tried under said indictment and a verdict returned finding him guilty of voluntary manslaughter, and he was sentenced on September 27, 1951, to serve from 3 to 7 years. Thereafter, the defendant prepared his original motion for new trial, and on September 28, 1951, the solicitor-general acknowledged service thereof and the court issued a nisi order, dated September 29, 1951, although such order was actually signed by the judge on September 28, 1951. On…