
    George II. Blackburn v. The State of Ohio.
    Motion for the allowance of a writ of error.
    It appears from the record in this case that, after the verdict of guilty was returned, the defendant filed his motion in writing for a new trial; but it docs not appear what disposition, if any, was made of the motion. Afterward, upon inquiry, the defendant stated to the court that he had nothing further to say why sentence should not be pronounced; and thereupon the court, without objection from tho defendant, proceeded to judgment and sentenced the defendant to imprisonment in the penitentiary for a term of years.
    
      Blackburn § Shay, for the motion.
   By the Court.

Tho judgment can not be reversed on the ground that the sentence was passed pending the motion for a new trial. Upon such a record it must be presumed that the motion for a new trial was abandoned before judgment. Young v. The State, 6 Ohio, 435-437.

Motion overruled.  