State Missouri v. Edgar Lee Howe

Defendant was convicted of first degree robbery (Sections 560.120 and 560.135) having also been charged under the Habitual Criminal Act. (Sec. 556.280, as amended Laws 1959, S.B. No. 117, Sec. 1; statutory references are to RSMo and V.A.M.S.) After a jury verdict of guilty, the court, having found previous convictions, sentenced defendant to seven years' imprisonment. Defendant has appealed but has filed no brief so we consider the assignments properly made in his motion for new trial. However, the State says the appeal should be dismissed claiming the notice of appeal was not timely filed as required by Supreme Court Rules 28.03, 82.04 and 82.05. Judgment and sentence was on April 4, 1960. The copy of the notice of appeal sent to this court is dated April 11, 1960, but shows no file stamp date of the Circuit Clerk, and it is stated this is also true of the original notice in the Circuit Clerk's office. Nevertheless defendant's application to appeal as a poor person was allowed by order of the Circuit Court entered April 20, 1960. The transcript of the record was prepared by the court reporter and filed here July 14, 1960. Upon these facts, we have made a special order under Rule 28.07 for filing notice of appeal, and, therefore, will consider the appeal perfected and determine the grounds stated in defendant's motion for new trial.