Massey v. State

*334OPINION

SCOTT, Judge.

As the result of a three day trial the jury returned a verdict on October 4, 1978, finding the appellant guilty of murder in the second degree and fixing his punishment at forty years in the state penitentiary. Although the bill of exceptions is silent concerning any oral motion for a new trial, the minutes of the Court for October 4, 1978 recite, “Motion for a New Trial entered and 30 days allowed within which to file same, to be argued on November 17, 1978.”

The appellant’s written motion for a new trial was filed November 13, 1978, and on the following day the State…