Opinion
No. 6891.
November 14, 1951.
APPEAL FROM THE CIRCUIT COURT, WEBSTER COUNTY.
John C. Pope, Marshfield, for appellant.
Roy C. Miller, Marshfield, for the State.
This case was submitted here upon the record proper. The defendant was charged with careless and reckless driving. The case was tried to a jury which found defendant guilty and assessed his punishment at a fine of One Hundred Dollars. The record then recites:
"Now at this time comes the defendant and requests the Court to grant him leave to file a motion for a new trial; and it is thereupon ordered by the Court that the defendant be granted leave to file a motion for a new trial within ten days.
"It is further ordered by the Court that the above cause be and is hereby continued, and defendant and John C. Pope, be recognized in the sum of $500.00."
Within the time allowed, a motion for new trial was filed and later overruled and then the record recites: "Comes now defendant by attorney and files herein an affidavit for an appeal in the cause. Appeal bond is hereby the Court set at the sum of Five Hundred ($500.00) Dollars. Appeal is here by the Court granted to the Springfield Court of Appeals."
Nowhere does the record show judgment and sentence. Under such conditions, the appeal was premature. State v. Pruitt, Mo. Sup., 169 S.W.2d 399. Evans v. Barham, Police Judge, Mo.Sup., 184 S.W.2d 424. State v. Ellis, Mo.Sup., 119 S.W.2d 271. State v. Clapper, 196 Mo. 42, 93 S.W. 384. State v. Johnson, 150 Mo.App. 710, 131 S.W. 924. State v. Hawkins, Mo.Sup., 71 S.W.2d 708. Sec. 4130 Mo.R.S.A. Sec. 547.070 Mo. Revised Statutes, 1949.
The submission of this appeal should therefore be set aside and the cause remanded to the circuit court of Webster County with directions to cause the defendant to be brought before it and to pronounce sentence and render judgment against the defendant on the verdict of the jury.
It is so ordered.