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STATE v. JOHNSON

No. 51219.

394 S.W.2d 344 (1965)

STATE of Missouri, Respondent, v. Roosevelt JOHNSON, Appellant.

Supreme Court of Missouri, Division No. 2.

October 11, 1965.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, William O. Sawyers, Jr., Sp. Asst. Atty. Gen., St. Joseph, for respondent.

Lee Vertis Swinton, Kansas City, for appellant.

PRITCHARD, Commissioner.

On September 30, 1964, by jury verdict, defendant was found guilty of the crime of burglary, second degree. Having ten days thereafter to file his motion for new trial under Supreme Court Rule 27.20 (a), V.A.M.R., and not having been granted additional time by the trial court, defendant filed his motion for new trial on October 12, 1964. The time fixed by said rule being mandatory, State v. Murray, Mo., 280 S.W.2d 809

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