Section 26.34 General Rules

• Library: Criminal Practice 2012 Supp

1. (§26.34) General Rules

As mentioned in §26.11 above, a defendant must generally include an issue in a motion for new trial to preserve it for appellate review. Rule 29.11(d). The degree of specificity required under the latest amendment to Rule 29.11(d) is unclear, so counsel should continue to heed the preexisting rule that issues in a motion for new trial must specify their legal and factual basis. See, e.g., State v. Jennings, 649 S.W.2d 448, 452 (Mo. App. W.D. 1983). But even a specific complaint in...