(Download) "State Missouri v. John William Aston" by Supreme Court of Missouri Division 2 # Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. John William Aston
- Author : Supreme Court of Missouri Division 2
- Release Date : January 13, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Defendant was found guilty by a jury of second degree burglary and of stealing. The jury assessed his punishment at imprisonment for two years on each offense, separately. The trial court, obviously acting under § 560.110, RSMo 1959, V.A.M.S. (to which all statutory citations will refer), as amended in Laws 1959, H.B. 260, sentenced defendant to two years for each offense, the terms to run concurrently. We have recognized that the Court has that power under the statute. State v. Sims, Mo., 386 S.W.2d 396; see also State v. Taylor, Mo., 336 S.W.2d 495. Defendant was represented prior to trial and throughout the trial by counsel of his own selection. A comprehensive motion for new trial was filed; when this was overruled, counsel filed notice of appeal and ordered, approved and filed the transcript, after having procured additional time. Counsel has, however, elected not to file a brief on appeal, hence we consider those assignments of the motion for new trial which are sufficient under Rule 27.20. We note here that this practice will not be continued under our Rule 28.02 as recently amended (Journal of Missouri Bar, February, 1967), effective September 1, 1967. Since one of the assignments questions the sufficiency of the evidence, it will be necessary to state the evidence in some detail.
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