State v. Maddox
Supreme Court of Missouri
•Appeal from Ralls Oircnit Oonrt. — Son. John Megowan, Special Judge. The itirial court had no right to extend the time of filing the motion beyond the statutory term of four days and more especially to a time in Vacation of court. Section 4270, R. S. 1889, especially provides that a motion must be filed before judgment and within four days after the rendition of the verdict. This statute has been held to be mandatory.
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•Appeal from Ralls Oircnit Oonrt. — Son. John Megowan, Special Judge. The itirial court had no right to extend the time of filing the motion beyond the statutory term of four days and more especially to a time in Vacation of court. Section 4270, R. S. 1889, especially provides that a motion must be filed before judgment and within four days after the rendition of the verdict. This statute has been held to be mandatory. Allen v. Brown, 5, Mo. 323; Welsh v. St.’ Louis, 73 Mo. 71; Moran v. January, 52 Mo. 523; Richmond v. Poage, 36 M;. 313; St. Louis v. Towl, 41 Mo. 399; St. Joe v. Robinson, 125…
1Opinion of the CourtGantt, P. J.
At the August term, 1897, of the circuit court of Ralls county the defendant was indicted for robbing Jacob Oastator. He was duly arraigned, tried, convicted and sentenced to the penitentiary for twenty-two years.
He appeals to this court. The indictment is sufficient and the record proper without error.
The facts are about as follow: Jacob Oastator lived at Salt River Toll Gate, in Spencer township, Ralls county, *472Missouri. He was toll-gate keeper at that place for the “Hannibal and New London Gravel Road Company.” His dwelling house was situated about 120 yards from Salt River on the road of…
2Cases cited5 opinions
- Maloney v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- City of St. Joseph v. RobisonSupreme Court of Missouri · 1894
- City of St. Louis v. BoyceSupreme Court of Missouri · 1895
- Allen v. BrownSupreme Court of Missouri · 1838
- Moran v. JanuarySupreme Court of Missouri · 1873
3Cited by5 opinions
- State v. SawyerUtah Supreme Court · 1919
- State v. CurrierSupreme Court of Missouri · 1910
- State v. HascallSupreme Court of Missouri · 1920
- State v. SimensonSupreme Court of Missouri · 1915
- State v. RileySupreme Court of Missouri · 1910