153 Mo. 471 | Mo. | 1900
At the August term, 1897, of the circuit court of Ralls county the defendant was indicted for robbing Jacob Oastator. He was duly arraigned, tried, convicted and sentenced to the penitentiary for twenty-two years.
He appeals to this court. The indictment is sufficient and the record proper without error.
The facts are about as follow: Jacob Oastator lived at Salt River Toll Gate, in Spencer township, Ralls county,
As already said, we'find no error in the record proper and it only remains to be seen whether he has preserved his exceptions in such a manner as to require this court to pass upon them. 4
Looking to the record we find the verdict was rendered on the 17th day of September, 1897, and his motion for new trial was filed September 22, 1897, more than four days after the rendition of the verdict. Section 4270, Revised Statutes 1889, provides, “The motion for a new trial shall be in writing, and must set fonth the grounds or causes therefor, and be filed before judgment, and within four days after the return of the verdict or finding of the court, and shall be heard and determined in the same manner as motions for new trials in civil cases.” This statute has always been held to be mandatory. [Allen v. Brown, 5 Mo. 323; Moran v. January, 52 Mo. 523; Maloney v. Railroad, 122 Mo. 106; St. Joseph v. Robison, 125 Mo. 1; St. Louis v. Boyce, 130 Mo. 572.] There being then, in legal contemplation, no motion for new trial, there is nothing for us to review, and the sentence is affirmed.