State v. Fraser
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — Eon. L. B. Woodside, Judge. (1) The record proper shows that the motion for a new trial was filed after judgment and sentence. The motion for a new trial must be filed before judgment. This is mandatory. Therefore, there is nothing before the court but the record proper, and if no error appears in the record proper, this court will affirm the judgment.
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Appeal from Laclede Circuit Court. — Eon. L. B. Woodside, Judge. (1) The record proper shows that the motion for a new trial was filed after judgment and sentence. The motion for a new trial must be filed before judgment. This is mandatory. Therefore, there is nothing before the court but the record proper, and if no error appears in the record proper, this court will affirm the judgment. R. S. 1899, sec. 2689; State v. Brooks, 92 Mo. 591; State v. Maddox, 153 Mo. 473. (2) The information charges the offense in the language of the statute and is in approved form. Kelly’s Crim. Law and Prac.,…
1Opinion of the CourtFox, J.
This cause is now pending before this court upon appeal by the defendant from a judgment of the circuit court of Laclede county, convicting him of burglary in the second degree'.
The record before us discloses that the defendant was tried and after the verdict was returned judgment was entered upon such verdict. Subsequent to sentence and judgment defendant filed his motion for a new trial.
Section 2689, Revised Statutes of 1899, expressly provides that the motion for new trial shall be filed before the judgment is rendered in the cause. This provision of the statute as to the motion for new…
2Cases cited1 opinion
- State v. PritchettSupreme Court of Missouri · 1909
3Cited by11 opinions
- State v. JacksonSupreme Court of Missouri · 1909
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- State v. KileSupreme Court of Missouri · 1910
- State v. KellerSupreme Court of Missouri · 1924
- State v. RileySupreme Court of Missouri · 1910
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