State v. Rainwater

TITUS, Presiding Judge.

On November 20, 1978, a Laclede County jury returned a verdict finding defendant guilty of second degree murder in the killing of his wife. § 565.004 RSMo 1978 (formerly § 559.020) and § 565.008 RSMo 1978. He was sentenced to imprisonment for a term of 18 years. On the same date the court, inter alia, made the following docket entry: “Defendant allowed 30 additional days to file Motion for New Trial for a total of 45 days to file Motion For New Trial.” (Emphasis supplied). This was error, as then Rule 27.20(a), V.A.M.R., in part, stated: “. . . Such motion [for a new…