State v. Malone

HOUSER, Commissioner.

Earl Mack Malone was convicted of murder in the second degree and sentenced to 20 years’ imprisonment in the penitentiary. Defendant’s court-appointed attorney overlooked filing a motion for new trial within 10 days, as required by Supreme Court Rule No. 27.20(a). The trial judge thereafter suggested to the attorney that the motion could be filed out of time and made an order extending the time. This order, the validity of which is not challenged, was entered 27 days after the verdict was returned. A motion for new trial, filed on the last day of the extension period, was…