State v. Peck

BILLINGS, Chief Judge.

A Greene County jury found the defendant guilty of burglary in its verdict of November 14, 1975. No motion for new trial was filed within the 10-day period after the verdict and the trial court did not enter an order extending the time for filing such motion. Rule 27.20, V.A.M.R.

Thirty-nine days after the verdict the defendant filed “Motion for Judgment of Acquittal or In The Alternative For New Trial.” The motion was overruled the same day, December 23, 1975, and the defendant was granted allocution and sentence and judgment rendered.

On December 31, 1975, a notice of…