State v. Kinnamon

An opinion was filed in this cause at the last term in which we declined to consider the bill of exceptions for the reason that it appeared from the record that the motion for new trial was filed in vacation, and, finding no error in the record, the judgment of conviction was affirmed. It being subsequently shown by a corrected transcript that the motion was seasonably filed within four days after verdict, during a recess of the court (Maloney v. Mo. Pac. Ry. Co., 122 Mo. 106, 114, 26 S.W. 702; Shewalter v. McGrew, 60 Mo. App. 288, 289; Beckman v. Phoenix Ins. Co., 49 Mo. App. 604), the court…