Legal Opinion

State v. Riley

Supreme Court of Missouri

Decided May 26, 1910PublishedCited by 6 opinions

Appeal from Buchanan Criminal Court. — Ho». Ben. J. Casteel, Judge. (1) The motion for new trial was filed on December 7, 1908, seven days after the rendition of the verdict and, also, seven days after judgment. The motion for new trial must be filed within four days after return of verdict, and before judgment; this is mandatory.

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Appeal from Buchanan Criminal Court. — Ho». Ben. J. Casteel, Judge. (1) The motion for new trial was filed on December 7, 1908, seven days after the rendition of the verdict and, also, seven days after judgment. The motion for new trial must be filed within four days after return of verdict, and before judgment; this is mandatory. R. S 1899', see. 2689; State v. Brooks, 92 Mo. 542; State v. Dusenberry, 112 Mo. 277; State v. Plunt, 141 Mo. 626; State v. Maddox, 153 Mo. 471; State v. Pritchett, 219 Mo. 696. (2) The motion for new trial not being filed in time as required by the statute, there…

1Opinion of the CourtPox, J.

On the 30th day of November, 1908, the defendant was convicted in the criminal court of Buchanan county of the offense of setting up and keeping a certain table and gambling device, commonly called a roulette wheel, adapted, devised and designed for the purpose of playing a certain game of chance called roulette, for money, and inducing and enticing divers persons to play and bet at and upon said table and gambling device. His punishment was assessed by the jury at imprisonment in the county jail for one year.

*433The record in this case shows that the verdict of the jury was returned on the 30th…

2Cases cited4 opinions

  1. State v. HuntSupreme Court of Missouri · 1897
  2. State v. PritchettSupreme Court of Missouri · 1909
  3. State v. FraserSupreme Court of Missouri · 1909
  4. State v. MaddoxSupreme Court of Missouri · 1900

3Cited by6 opinions

  1. State v. JaegerSupreme Court of Missouri · 1965
  2. State v. BairdSupreme Court of Missouri · 1923
  3. State v. BriscoeSupreme Court of Missouri · 1911
  4. Thorp v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
  5. State ex rel. Taylor v. BlairSupreme Court of Missouri · 1951

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