472 S.W.2d 877 | Mo. Ct. App. | 1971
Defendant was charged in the Magistrate Court of Cedar County, via a Uniform Traffic Ticket, with “Intoxicated Driving 2nd offence [sic].” Upon the filing of defendant’s affidavit for a change of venue, the cause was certified to the
This represents another case where this court is without jurisdiction to pass upon the merits of the matter upon appeal. Crim. Rule 27.20(a) requires that the motion for new trial “shall be filed before judgment.” The purported judgment entered and appealed from was entered before the filing and ruling of defendant’s motion “and therefore was not a sentence or final judgment from which an appeal can be taken.” State v. Ezell, Mo.App., 470 S.W.2d 162, 163(1).
. References to statutes and rules are to RSMo 1969, V.A.M.S., and Missouri Supreme Court Rules of Criminal Procedure, V.A.M.R.
. All emphasis herein is ours.
. See also State v. Grimes, Mo.App., 470 S.W.2d 4; State v. Hendel, Mo.App., 468 S.W.2d 664, 665(1) ; State v. Myers, Mo.App., 467 S.W.2d 577; State v. Bond, Mo.App., 447 S.W.2d 804; State v. Absher, Mo.App., 439 S.W.2d 11.