Smith v. State

ON STATE’S MOTION FOR REHEARING.

MORROW, Presiding Judge.

The offense is burglary; penalty assessed at confinement in the penitentiary for two years.

After a re-examination of the record in the light of the motion for rehearing filed by counsel for the State, it .is imperative that this court set aside the order of reversal and affirm the judgment of conviction.

The record before us is quite confusing. The indictment was filed October 29, 1935. The verdict was rendered November 13, 1935. Sentence was pronounced and the judgment became final December 12, 1935. The motion for new trial was filed…