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365 S.W.2d 613

State v. Lowe

Supreme Court of Missouri

Decided February 11, 1963

Supreme Court of Missouri · decided 1963-02-11

Relies on State v. Robbins · State v. Hite · State v. Morrow

Good law ✅— No negative treatment on recordhow we know

Decided 1963-02-11

How this case has been cited

Cited by 7 later decisions — most recently May 1989

7 state decisions

30196319701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BOHLING, Commissioner.

¶1Earl Arthur Lowe was found guilty of robbery in the first degree (§ 560.120), and *614was sentenced to ten years’ imprisonment (§ 560.135). (Statutory references are to RSMo 1959 and V.A.M.S.)

¶2The jury returned its verdict on December 12, 1961. On January 10, 1962, defendant’s motion for new trial was overruled; and, thereafter on said day, allocution was granted defendant, and judgment was entered in accordance with the verdict of the jury.

¶3The judgment in this case became final for the purposes of appeal on its entry, January 10, 1962. State v. Morrow, Mo., 316 S.W.2d 527 [1]. Defendant’s notice of appeal was filed on February 9, 1962, thirty days after the judgment became final. Supreme Court Rule 28.03, V.A.M.R., provides that an appeal in a criminal case “shall be taken by filing a notice of appeal within the same time after final judgment as provided for civil cases.” Notices of appeal in civil cases are required to be “filed not later than ten days after the judgment appealed from becomes final.” Supreme Court Rule 82.04; § 512.050. Franklin v. Franklin, Mo.App., 344 S.W.2d 282 [2, 3]. Supreme Court Rule 31.02, while authorizing the enlargement of the time for certain acts by the courts, provides “but the court may not enlarge the period for taking an appeal as provided in these Rules.” There is nothing in this record to indicate that this is an appeal by special order under Criminal Procedure Rule 28.07. We are governed by the approved transcript filed in this court. It was this defendant’s duty to see to it that a proper transcript was prepared, transmitted to and filed here. Rule 28.08; § 547.120; State v. Kelsay, Mo., 18 S.W.2d 491 [4, 5]; State v. Steenbergen, 334 Mo. 880, 68 S.W.2d 684 [1] ; State v. Hite, Mo., 298 S.W.2d 411 [5].

¶4The notice of this appeal should have been filed within ten days after the judgment became final; that is, after its entry. It was not timely filed, having been filed thirty days thereafter. State v. Robbins, Mo., 269 S.W.2d 27, stating 1. c. 29, “The timely filing of a notice of appeal is ‘the vital step’ for perfecting an appeal and is necessary to invoke appellate jurisdiction”; State v. Morrow, Mo., 316 S.W. 2d 527 [3]; State v. Henderson, Mo., 344 S.W.2d 96 [1, 2]; State v. Crocker, Mo., 335 S.W.2d 32 [3]. Defendant’s notice of appeal did not vest this court with appellate jurisdiction and the appeal must be dismissed.

¶5The appeal is dismissed.

BARRETT and STOCKARD, CC., concur.

¶6PER CURIAM.

¶7The foregoing opinion by BOHLING, C., is adopted as the opinion of the court.

¶8All of the Judges concur.

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