JOHNSON v. STATE

No. 55140.

458 S.W.2d 713 (1970)

James Burl JOHNSON, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied October 12, 1970.


Attorney(s) appearing for the Case

Keith Brown, court appointed, Russell & Brown, Nevada, for appellant.

John C. Danforth, Atty. Gen., Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, for respondent.


Motion for Rehearing or to Transfer to Court En Banc Denied October 12, 1970.

BARDGETT, Judge.

Appellant, prisoner-petitioner, appeals from a judgment on petitioner's motion under amended rule 27.26, V.A.M.R., wherein appellant's prayer that judgment and sentence entered in 1954 be vacated and set aside was granted, but the further relief of absolute discharge or, in the alternative, a new trial, was denied. The trial court after setting aside the 1954 judgment...

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