DYER, Justice.
Plaintiff in error, Arthur Rogers Ivey, will be referred to in this opinion as Defendant, and Defendant in Error, the State of Tennessee, as the State. Defendant was convicted of murder in the first degree receiving a sentence of 99 years in the penitentiary from which he has seasonably appealed to this Court assigning errors.
The State has entered a motion to dismiss the appeal on the ground same is unauthorized in that a motion for a new trial...
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