(Download) "State Missouri v. Ernest Franklin" by Supreme Court of Missouri Division 2 ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Ernest Franklin
- Author : Supreme Court of Missouri Division 2
- Release Date : January 08, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Ernest Franklin was found guilty by a jury of the felony of assault with intent to kill with malice aforethought, and his punishment was assessed by the jury at confinement for a term of fifteen years. He has appealed from the judgment entered pursuant to the verdict. The record before us shows that on October 23, 1962, appellant was charged by indictment with the offense of assault with intent to kill with malice aforethought, and that on November 8, 1962, he was arraigned and pleaded not guilty. The case was brought to trial on March 19, 1963, and the appellant was present with counsel. The verdict of the jury was returned on March 20, 1963, and on that day at the request of appellant the court granted ""thirty days additional time within which to file Motion for New Trial, or until April 29, 1963."" No such motion was filed within the extended period for doing so. On May 20, 1963, the sentencing of appellant was set for May 27, 1963 ""due to absence of defendant's counsel"" and notice was sent to counsel in which the court requested counsel's presence. On May 27, 1963, trial counsel was permitted by leave of court to withdraw, and on that day new counsel entered his appearance on behalf of appellant. The cause was continued to June 17, 1963 and then to June 24, 1963. At that time a motion for new trial was filed, which was fifty-six days after the extended period to file such motion, and the extension was the maximum the trial court was authorized to grant. Supreme Court Rule 27.20, V.A.M.R. Although this motion was a nullity and should have been stricken, State v. Knicker, Mo., 364 S.W.2d 544, certiorari denied 372 U.S. 939, 83 S.Ct. 946, 9 L.Ed.2d 975, the trial court considered and overruled it on July 2, 1963. Appellant then requested a pre-sentence investigation, which was ordered by the court, and sentencing was deferred until August 5, 1963. Allocution was held on August 5, 1963, with defendant and his counsel present, and sentence and judgment were entered. Appellant then filed a motion to appeal as a poor person, which motion was sustained, and the transcript prepared at the expense of the state was approved by counsel for the appellant and for the State.