State Missouri v. Gilbert Owen

Appellant was convicted by the verdict of a jury and sentenced to fifty days imprisonment for the commission of the crime of exhibiting a dangerous and deadly weapon in a rude and threatening manner. § 564.610, RSMo 1959, V.A.M.S. The first question for consideration is whether appellant's motion for new trial was timely filed so as to permit this court to review the assignments of error therein contained and presented in his brief. The jury returned its verdict on April 18, 1969. Upon request of counsel for appellant he was on that date granted fifteen days within which to file a motion for new trial. That time would have expired on May 3, 1969. The motion was filed on May 7, 1969, on which date the court entered the following minutes: ""Defendant's counsel by agreement of the Prosecuting Attorney and with leave of court is granted leave to on this date file his Motion for New Trial. Defendant and his counsel personally appear. Motion for New Trial argued. Motion taken under advisement until Tuesday, May 13. Defendant instructed to re-appear on that date together with his counsel."" On May 13, 1969, the motion for new trial was overruled and notice of appeal was filed the following day.