McCLAIN v. STATE

No. 54741.

448 S.W.2d 599 (1970)

E. J. McCLAIN, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

January 12, 1970.


Attorney(s) appearing for the Case

Bourne Bean, George S. Thomas and Thomas E. Wack, St. Louis, for appellant.

John C. Danforth, Atty. Gen., Michael L. Boicourt, Asst. Atty. Gen., Jefferson City, for respondent.


PRITCHARD, Commissioner.

Appellant was convicted of the crime of murder in the first degree in a trial to a jury, and was sentenced on March 28, 1941, to life imprisonment. No appeal was taken from the judgment of conviction. He now seeks relief from his sentence under Supreme Court Rule 27.26, V.A.M.R.

The grounds for vacating, setting aside or correcting the sentence are "(a) Denial of counsel at arraignment on capital offense. (b) Denial of the effective...

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