State v. Covington

Missouri Court of Appeals

State v. Covington

557 S.W.2d 59, 1977 Mo. App. LEXIS 2694

CourtMissouri Court of Appeals

DecidedOctober 4, 1977

DocketNo. 10622

StatusPublished

Cited by3 cases

This text of 557 S.W.2d 59 (State v. Covington) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Covington, 557 S.W.2d 59, 1977 Mo. App. LEXIS 2694 (Mo. Ct. App. 1977).

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Opinion

PER CURIAM:

Appellant was jury-convicted of second degree murder in the killing of Robert Thompson at Caruthersville on August 10, 1976. In accordance with the verdict, appellant was sentenced to 15 years’ imprisonment and appealed.

By approving the transcript on appeal, the parties represent to us that it correctly includes all of the record in the cause. Rule 81.12(c), V.A.M.R. However, the transcript nowhere contains a judgment as required by Rule 27.11, V.A.M.R.

It is not appellant’s fault that the required judgment was not entered and his appeal will not be dismissed. Nevertheless, since it is essential for the purpose of appellate review that the judgment entry upon conviction be preserved and shown by the transcript on appeal, we must hold the appeal in abeyance, remand the cause to the trial court for entry of the required judgment, and reinstate the appeal upon receipt of a supplemental transcript containing said judgment. State v. Skaggs, 248 S.W.2d 635, 638[9-14] (Mo.1952); State v. Vinson, 337 Mo. 1023, 1027-1028, 87 S.W.2d 637, 640[8] (1935); State v. Asberry, 553 S.W. 2d 902, 903[1, 2] (Mo.App.1977); State v. Pogue, 552 S.W.2d 75 (Mo.App.1977).

It is so ordered.

All concur.

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PER CURIAM:

Appellant was jury-convicted of second degree murder in the killing of Robert Thompson at Caruthersville on August 10, 1976. In accordance with the verdict, appellant was sentenced to 15 years’ imprisonment and appealed.

By approving the transcript on appeal, the parties represent to us that it correctly includes all of the record in the cause. Rule 81.12(c), V.A.M.R. However, the transcript nowhere contains a judgment as required by Rule 27.11, V.A.M.R.

It is not appellant’s fault that the required judgment was not entered and his appeal will not be dismissed. Nevertheless, since it is essential for the purpose of appellate review that the judgment entry upon conviction be preserved and shown by the transcript on appeal, we must hold the appeal in abeyance, remand the cause to the trial court for entry of the required judgment, and reinstate the appeal upon receipt of a supplemental transcript containing said judgment. State v. Skaggs, 248 S.W.2d 635, 638[9-14] (Mo.1952); State v. Vinson, 337 Mo. 1023, 1027-1028, 87 S.W.2d 637, 640[8] (1935); State v. Asberry, 553 S.W. 2d 902, 903[1, 2] (Mo.App.1977); State v. Pogue, 552 S.W.2d 75 (Mo.App.1977).

It is so ordered.

All concur.

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557 S.W.2d 59, 1977 Mo. App. LEXIS 2694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-covington-moctapp-1977.

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