Davis v. State

HARPER, Judge.

Appellant was charged by indictment with the offense of burglary.

When the case was called for trial appellant entered a plea of guilty and his punishment was assessed at two years confinement in the State penitentiary. This occurred May 16, 1916, and judgment was entered on that day. On the 28th day of June thereafter a motion for new trial was filed, sworn to by counsel for appellant, alleging that appellant was under seventeen years of age,—in fact, was only fourteen years of age on the 21st day of last January. The court entertained the motion on June 29th, and overruled it,…