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eBook details

• Title: State Missouri v. Frank James
• Author : Supreme Court of North Dakota
• Release Date : January 12, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Frank James appeals from a conviction of robbery in the first degree and a judgment imposing a sentence of ten years imprisonment under the habitual criminal act. Defendant has filed no brief. We review the essential record and the assignments in defendants motion for new trial properly preserving alleged error for review. Supreme Court Rules 27.20, 28.02, 28.08; State v. Brewer, Mo., 338 S.W.2d 863, 865[1]. Defendants said motion purports to set forth twenty-two grounds for a new trial. It attacks the refusal of requests for a judgment of acquittal (Sup. Ct. R. 26.10); the assessment of the punishment under Laws 1959, S.B. 117, now § 556.280; numerous denials of requests for a mistrial, the exclusion of evidence; the closing argument on behalf of the state; the giving of an instruction, and alleged misconduct of a juror and the states attorney. (Statutory references are to RSMo 1959 and V.A.M.S.) Notwithstanding defendants motion for new trial is abounding in words, a number of the assigned trial errors are too general to comply with Sup. Ct. R. 27.20(a) and others find no support in the record before us. The reports should not be burdened with setting forth all the lengthy assertions in defendants motion. State v. Greer, Mo., 313 S.W.2d 711, 712.

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