State v. Watson

TITUS, Judge.

A jury found defendant guilty of first degree robbery by means of a dangerous and deadly weapon and assessed his punishment at five years’ confinement. §§ 560.120 and 560.135 RSMo 1969, V.A.M.S. He has appealed.

Rule 27.20(a), V.A.M.R., requires that a motion for new trial “shall be filed before judgment and within ten days after the return of the verdict” unless, upon defendant’s application, the trial court extends the time therefor but not beyond the 40-day limit set by the rule. State v. Tucker, 451 S.W.2d 91, 92 [1-3] (Mo.1970). The provisions of the rule are mandatory. State…