State v. Morse

TITUS, Judge.

The chronology of this case is thus:

October 31, 1974 — A Phelps County jury returned its verdict finding defendant guilty of second degree burglary and stealing. Defendant neither applied for nor received an extension of time to file his motion for new trial. Ergo, the motion was required to be filed “within ten days after the return of the verdict.” Rule 27.20(a); State v. Cantrell, 403 S.W.2d 647, 648[1] (Mo.1966).

November 13, 1974 — Verdict plus 13 days, a motion for new trial was filed. This was 3 days too late. The provisions of Rule 27.20(a) relating to the time for filing…