Appellee, Wilhite, was indicted for violation of § 1 of Act 193 of 1943, it being-alleged that Wilhite had “by the use of force and violence attempted to prevent W. C. Rogers from engaging-in work . . . contrary to the statute . . . ” Wilhite was tried under the indictment; and at the conclusion of the testimony offered by the State, the trial court announced that the evidence was insufficient to support a verdict of guilty as charged, and thereupon instructed the jury to return a verdict finding- Wilhite not guilty of any violation of § 1 of said Act 193.* Because of this instructed verdict, the State has attempted to appeal to this court under the provisions of §§ 4253-4, Pope’s Digest.
*1066At the threshold of this appeal, the State is faced with the fact that the record contains no motion for new trial. To overcome this deficiency, the Attorney General points to a sentence in the case of State v. Gray, 160 Ark. 580, 255 S. W. 304, in which sentence it is mentioned that there was no motion for new trial in that case, and nevertheless the court then proceeded to dismiss the appeal on another point. Tlie full sentence to which the Attorney General points is this: “There was no motion for new trial, and no statement that the second count was intended to charge the same offense as the first count, hut in a different mode, and no such statement is made in the record anywhere. ’ ’ The statement, that there was no motion for new trial, was clearly a surplusage, because the State’s appeal was dismissed on another ground.
We have a number of cases decided by this court preceding and following the case of State v. Gray, and in each of these cases, now to be mentioned, it is clearly stated that there must he a motion for new trial filed in the circuit court as an essential to an appeal by the State, on any matter that does not appear on the face of the record.
In State v. Smith and Longan, 117 Ark. 384, 175 S. W. 392, the State attempted to appeal, hut failed to include in the record any motion for new trial as against the appellee, Smith, and as to him we said: “ . . . there is no motion,for new trial in the record. The bill of exceptions agreed upon between Smith’s counsel and the attorney representing the State shows that the court, at the conclusion of the introduction of evidence, gave a peremptory instruction in favor of the defendants, and it is necessary for a motion for new trial to have been filed in order to bring the ruling before us for review.”
In State v. Moore, 166 Ark. 499, 266 S. W. 460, the State attempted to appeal without a motion for new trial, and we said: “It is a well-settled rule of this court that, where there is no motion for a new trial, only errors appearing on the face of the record will he considered on *1067appeal. Smith v. Wallis-McKinney Coal Co., 140 Ark. 218, 215 S. W. 385; Free v. Adams, 148 Ark. 654, 228 S. W. 371.”
In State v. Neil, 189 Ark. 324, 71 S. W. 2d 700, the State attempted to appeal in a case where the trial court had instructed a verdict of not guilty. The record did not show that the motion for new trial had been presented to the trial court within the proper time; and, in affirming the judgment, we said: “A motion for a new trial is essential to the review of an alleged error which does not appear upon the face of the record, and is essential in this case to a review of the action of the court in directing the jury to return a verdict of not guilty. The purpose of a motion for a new trial is to call the alleged errors occurring during the trial to the attention of the court, and to afford an opportunity for correction by granting a new trial if the errors may not otherwise be corrected. Nordin v. State, 143 Ark. 364, 220 S. W. 473.”
These three cases are ruling. Since there was no motion for new trial in the case at bar, and since the only question raised is the sufficiency of the evidence to support the verdict, we hold that the failure to file the motion for new trial is fatal to the appeal. Affirmed.
Robins and Millwee, JJ., concur.