Crosswhite v. State

PRITCHARD, Commissioner.

This is a second motion filed by appellant under Supreme Court Rule 27.26, V.A.M.R. The first motion was ruled adversely to appellant in Crosswhite v. State, Mo., 426 S.W.2d 67, wherein he sought the same relief: to vacate a sentence to life imprisonment on a charge of first degree murder entered July 23, 1937.

The present motion realleges the same matters contained in the first motion, and ruled in Crosswhite v. State, supra, except possibly two: That the hearing on the motion was not conducted in open court; and the testimony of appellant’s brother, Frank Crosswhite,…