Campbell v. State

STOCKARD, Commissioner.

In June of 1968 appellant was found guilty by a jury of murder in the second degree of John Franklin Vaughn and sentenced to imprisonment for twenty-five years. No appeal was taken. On September 15, 1971, he filed a motion pursuant to Rule 27.26, V.A.M.R., to vacate the judgment and sentence. After an evidentiary hearing the motion was overruled. The notice of appeal was filed prior to January 1, 1972, but two extensions of the time to prepare the transcript were granted before the appeal was perfected. Appellate jurisdiction is in this court.

Prior to trial appellant’s…