State v. Grimes

DOWD, Judge.

In a trial before the court without a jury the court found the defendant guilty of “unlawfully and without the consent of the owner, climb in and upon a motor vehicle, * * *”, (§ 560.175 [2], RSMo 1969, V.A.M.S.) — a misdemeanor.1 After the defendant rested his case, the court stated: “It is a finding of guilty” and then the court assessed the defendant’s punishment by stating “ * * * it will be sixty days City Workhouse.” In due course the defendant filed a motion for a new trial which was overruled by the court. Thereafter the defendant filed his notice of appeal to this court.

Th…