Massey v. State

Citations

• 50 Fla. 109

Syllabus

<p>1. YThen a motion in arrest of judgment is evidenced to an appellate court only in and by a bill of exceptions, it can not be entertained or considered.</p> <p>2. The defendant is entitled of right to make a motion for a new trial at any time within four days after the verdict shall have been rendered and during the same term of court on complying with the provisions of law in regard thereto. This right is not forfeited hy the fact that sentence has been passed upon him.</p> <p>3. Y/hen a trial court refuses to entertain and decide a motion for a new trial, or to exercise its discretion, without any good reason for so doing, he is depriving the party making the motion of a substantial right, and this may be corrected by writ of error.</p>