State v. Ellis, 35843.

• Decision Date: 17 August 1938
• Docket Number: No. 35843.,35843.
• Citation: State v. Ellis, 119 S.W.2d 271 (Mo. 1938)
• Parties: STATE v. ELLIS.
• Court: Missouri Supreme Court

119 S.W.2d 271

STATE v. ELLIS.

No. 35843.

Supreme Court of Missouri, Division No. 2.

August 17, 1938.

Appeal from Circuit Court, Christian County; Robert L. Gideon, Judge.

L. K. Ellis was convicted of fraudulently executing a second deed with intent to defraud, and he appeals.

Submission of appeal set aside and cause remanded, with directions.

Omer E. Brown, of Ozark, and W. L. Vandeventer, of Springfield, for appellant.

Roy McKittrick, Atty. Gen., and S. V. Medling and Wm. Orr Sawyers, Asst. Attys. Gen., for the State.

TIPTON, Judge.

This appeal was taken by the appellant from a conviction in the circuit court of Christian County, Missouri, upon a charge of fraudulently executing a second deed with intent to defraud. The jury returned a verdict finding the appellant guilty and assessed his punishment at a fine of $200. His motion for a new trial was overruled.

A careful examination of the record discloses that no sentence was pronounced and the appellant was not granted allocution. Upon this state of the record it is apparent that this appeal was prematurely taken. State v. George, 207 Mo. 16, 105 S.W. 598; State v. Vinson, 337 Mo. 1023, 87 S. W.2d 637.

It is ordered that the submission of this appeal be and is hereby set aside...