State v. Tucker

MORGAN, Judge.

On October 11, 1967, the jury found defendant guilty of stealing and assessed his punishment at five years confinement. Sections 560.156-560.161, RSMo 1959, V.A.M.S. Defendant has appealed.

Initially we must determine what issues, if any, have been preserved for appellate review. The necessity for so doing was occasioned by the efforts of defendant to obtain a new trial in the trial court. Upon proper application, the time for filing a motion for new trial was extended to November 17, 1967. On that date, trial counsel filed a motion which was considered and overruled on November…