NICHOLS, Justice.
The defendant was tried and convicted of the offense of rape and sentenced to 8 years imprisonment. Thereafter, a motion for new trial was filed and the appeal states that such motion was overruled on September 2nd, 1971. The notice of appeal was filed on October 1st, 1971. The record does not disclose that any judgment overruling the defendant's motion for new trial has been entered and the clerk of the superior court has certified that no such...
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