[DOWNLOAD] "State Missouri v. Billy Gene Chase" by Supreme Court of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Billy Gene Chase
- Author : Supreme Court of Missouri
- Release Date : January 12, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Billy Gene Chase was tried in the Circuit Court of Callaway County upon an information charging him with stealing a diamond
ring of the value of $187.50. On July 13, 1964 the trial jury returned a verdict finding defendant guilty as charged and assessing
his punishment at "2 years." The only entries in the transcript following the record of the filing of the verdict are those
showing the filing of a motion for new trial on July 21, 1964, the filing of a notice of appeal "from the conviction entered
in this action on the 13th day of July, 1964," and the making of an order extending the time for the filing of the transcript
on appeal. The state concedes that the motion for new trial was never ruled upon. There is no showing in the transcript that
allocution was granted or that sentence was passed or that a final judgment of conviction was entered. The same situation existed in State v. Bledsoe, Mo. Sup., 249 S.W.2d 457. We reaffirm here what was said there. No final
judgment having been rendered against defendant there was nothing from which to appeal. The appeal is premature. We have no
jurisdiction to review the record on appeal in the absence of a final judgment in the trial court. The submission of this
cause on appeal must be set aside and the cause remanded to the trial court with directions to cause defendant to be brought
before the court. Criminal Rule 27.08, V.A.M.R.; § 546.560, V.A.M.S. Notwithstanding the court did not render formal
judgment and impose sentence at the expiration of ninety days after the filing of the motion for new trial, it did not lose
jurisdiction to do so. State v. Grant, Mo. Sup., 380 S.W.2d 799, 803[6]. When defendant is brought before the court he should
be granted allocution. Criminal Rule 27.09, V.A.M.R.; § 546.570, V.A.M.S. If no legal cause is shown why the court
should not pronounce sentence against him the court should sentence defendant in accordance with the verdict and the punishment
assessed by the jury and should render final judgment in the cause. After the rendition of final judgment defendant will have
the right to take an appeal, Criminal Rule 28.03, "not later than ten days after the judgment * * * appealed from becomes
final." Civil Rule 82.04, V.A.M.R.; § 547.070, V.A.M.S.; State v. Grant, supra, 380 S.W.2d 803. Defendant will then
be entitled to "a review of the cause by this court upon its merits, provided all proper procedural steps required by law
and the rules of this court are taken." State v. Bledsoe, supra, 249 S.W.2d 458[2].