State v. Barker

MORGAN, Presiding Judge.

Charged as a second offender, defendant was tried to a jury and found guilty on May 18, 1970, of burglary and stealing. No motion for new trial was filed. On May 20, 1970, the court assessed sentences of four years for burglary and three years for stealing, to be served consecutively. On November 10, 1970, this court sustained appellant’s motion to appeal “out of time” under Supreme Court Rule 28.07, V.A.M.R. without appreciating that a motion for new trial had not been filed.

As we said in State v. Malloyd, Mo., 394 S.W.2d 405: “The fact that a motion for new trial was…