State v. Cross

HYDE, Judge.. Defendant was charged with burglary, . second" degree, and stealing. (See Secs. 560.070 and .560.156,. statutory citations are to RSMo and V.A.M.S.) The jury found defendant guilty on both 'charges and assessed punishment at two years’ imprison- . ment on each.- Defendant has appealed from judgment and sentence in accordance with the verdict.

• The State says defendant was allowed 20 days to- file motion for new trial and did not file it within that time. However, the motion was filed within 30 days and since the court considered and ruled on the motion it must have construed its…