State v. Early

LAND, Justice.

Defendant, charged with the crime of murder, was tried by jury in the court below, and was found “guilty without capital punishment.” He has appealed from the conviction and sentence.

The first and only bill of exceptions reserved by defendant was to the overruling of a motion for a new trial. Before this bill was signed by the trial judge, defendant moved for an appeal, which was granted and made returnable to this court. Six days thereafter defendant tendered his bill of exceptions to the trial judge, who signed same. Defendant then filed a motion to withdraw the original…