State v. Stewart

Defendant was charged, by a verified information, filed in the Circuit Court of Dade County, Missouri, on September 29, 1930, with the crime of burglary and larceny. A trial of the case, on October 27, 1930, resulted in a verdict of guilty as follows:

"We the jury find the defendant, John Stewart, guilty as charged in the information and assess his punishment at two years imprisonment." The defendant on the same day filed his motion for a new trial. This motion was overruled by the court and the defendant sentenced. From this judgment defendant appealed.

In view of the fact that a reversal of…