State v. Gilbert

On June 5, 1973, a jury in the Circuit Court of Phelps County found defendant guilty of driving a motor vehicle while intoxicated. Two days later, or on June 7, 1973, defendant’s motion for a new trial was filed. The next entry in the transcript on appeal is the undated assertion that “Thereafter, motion for new trial not being argued by counsel, it is automatically overruled by law.”1 Defendant’s notice of appeal to this court was filed September 6, 1973.

The transcript on appeal, which came to this court on February 25, 1974, is devoid of any record which shows that defendant was ever…