State v. Hitchcock

JAMES D. CLEMENS, Senior Judge.

Defendant Bill Hitchcock was charged with and found guilty of selling marijuana contrary to Section 195.020.1 RSMo. Pursuant to the verdict the court sentenced defendant to ten years in prison. The briefed issue here is whether the evidence showed defendant was the seller, as the state contends, or as defendant contends, merely a possessor of the marijuana.

Initially the state contends defendant has preserved nothing for review by failure to file motion for new trial until 28 days after judgment. True, but on our own motion we consider defendant’s briefed points…