Harvey v. State
F. B. Harvey v. the State
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
BROOKS, Judge.
Appellant was convicted of wilfully exposing his person, and his punishment assessed at a fine of $10.
We find no motion for a new trial in the record. We find an assignment of errors, but an assignment of errors has no place in this court. All errors in the charge must be reserved in a motion for a new trial. The assignment of errors is not'filed in the lower court. In the absence of motion for a new trial there is nothing in this record authorizing a review.
The judgment is affirmed.
Affirmed.
Addendum
*8 on rehearing.
October 13, 1909.
BROOKS, Judge.
This case was affirmed at the last term of this court, and now comes before us on motion for rehearing.
Appellant contends there is a motion for a new trial in the record. There is an unsigned portion of what purports to be a motion for a new trial, though it does not appear to have been filed and is indexed as an assignment of errors. Unless a motion for new trial is filed it cannot be reviewed by us. The motion for rehearing is accordingly overruled.
Overruled.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 6 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.