Davis v. State

Christian, Judge.

The offense is murder; the punishment, confinement in the penitentiary for 28 years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Nannie Lee Rusher by stabbing her with a knife.

There are six bills of exception in the record, all of which were filed too late to be entitled to consideration. Appellant’s motion for new trial was overruled and notice of appeal given on the 25th of February, 1938, and the court adjourned on the same day. At the time the motion for new trial was overruled the court entered no order extending the…