HUNTER, Acting C.J.
This matter is pending before the court on the appellee's motion to affirm or in the alternative to dismiss the appeal. The appellant filed his transcript and assignment of errors in this court on December 7, 1965, and his brief was filed on September 12, 1966.
The only error assigned is that the trial court erred in overruling appellant's motion for new trial. The appellant's motion for new trial was as follows:
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