State v. Kite

Supreme Court of Missouri

State v. Kite

498 S.W.2d 756, 1973 Mo. LEXIS 873

CourtSupreme Court of Missouri

DecidedSeptember 10, 1973

DocketNo. 58077

StatusPublished

Cited by1 cases

This text of 498 S.W.2d 756 (State v. Kite) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Kite, 498 S.W.2d 756, 1973 Mo. LEXIS 873 (Mo. 1973).

Pincite

Opinion

HENLEY, Judge.

This is an appeal from an order and judgment denying relief to defendant who had, pursuant to § 552.040, subd. 4¹ sought his release from custody of the Director, Division of Mental Diseases, to whom he had been committed as a result of his acquittal of the offense of arson on the ground that at the time of the offense he had a mental disease or defect excluding responsibility. Section 552.030. The defendant in this case made the same attack on the constitutionality of § 552.040 as was made by the defendant in the case of State v. Lindner, 498 S.W.2d 754 (Mo.). As was noted in the Lindner case, this appeal meets the same fate for the same reasons.

The order and judgment denying defendant’s application was entered June 13, 1972. The judgment became final for purposes of appeal on July 13, 1972. The notice of appeal was filed August 10, 1972, more than ten days after the judgment became final. Because the notice of appeal was not timely filed (Rule 81.04, V.A.M.R.) this court does not have appellate jurisdiction, and the appeal must be, and is, dismissed.

DONNELLY, C. J., and MORGAN, HOLMAN, BARDGETT, and FINCH, JJ., concur. SEITLER, J., dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

HENLEY, Judge.

This is an appeal from an order and judgment denying relief to defendant who had, pursuant to § 552.040, subd. 4¹ sought his release from custody of the Director, Division of Mental Diseases, to whom he had been committed as a result of his acquittal of the offense of arson on the ground that at the time of the offense he had a mental disease or defect excluding responsibility. Section 552.030. The defendant in this case made the same attack on the constitutionality of § 552.040 as was made by the defendant in the case of State v. Lindner, 498 S.W.2d 754 (Mo.). As was noted in the Lindner case, this appeal meets the same fate for the same reasons.

The order and judgment denying defendant’s application was entered June 13, 1972. The judgment became final for purposes of appeal on July 13, 1972. The notice of appeal was filed August 10, 1972, more than ten days after the judgment became final. Because the notice of appeal was not timely filed (Rule 81.04, V.A.M.R.) this court does not have appellate jurisdiction, and the appeal must be, and is, dismissed.

DONNELLY, C. J., and MORGAN, HOLMAN, BARDGETT, and FINCH, JJ., concur. SEITLER, J., dissents.

Cite This Page — Counsel Stack

Bluebook (online)

498 S.W.2d 756, 1973 Mo. LEXIS 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kite-mo-1973.

Opinion

Related

Cite This Page — Counsel Stack