STATE v. MALONE

No. 50246.

382 S.W.2d 679 (1964)

STATE of Missouri, Respondent, v. Earl Mack MALONE, Appellant.

Supreme Court of Missouri, Division No. 1.

October 12, 1964.


Attorney(s) appearing for the Case

Thomas F. Eagleton, Atty. Gen., Paul N. Chitwood, Asst. Atty. Gen., Jefferson City, for respondent.

Taken as submitted by appellant.


HOUSER, Commissioner.

Earl Mack Malone was convicted of murder in the second degree and sentenced to 20 years' imprisonment in the penitentiary. Defendant's court-appointed attorney overlooked filing a motion for new trial within 10 days, as required by Supreme Court Rule No. 27.20(a). The trial judge thereafter suggested to the attorney that the motion could be filed out of time and made an order extending the time. This order, the validity of which is not challenged...

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