State v. Smith

BILLINGS, Chief Judge.

Defendant Mildred Smith was found guilty of the first degree murder of her husband and sentenced to life imprisonment.

The verdict of the jury was returned January 9, 1975. No motion for new trial was filed nor application for or extension of time for such motion was made or granted within the 10-day period after the verdict. On January 21, 1975,' two days after the expiration of the 10 days allowed for the filing of the motion for new trial, the court entered an order granting defendant two weeks to file the motion.

Rule 27.20(a), in part, states: “Such motion [new trial]…