State v. Gray

HIGGINS, Commissioner.

On December 15, 1961, appellant pleaded guilty to a charge of burglary in the second degree with seven prior convictions and, under Section 556.280 V.A.M.S., was sentenced by the court to five years’ imprisonment. He proceeded under Criminal Rule 27.26, V.A.M.R. to vacate that judgment and sentence and has appealed from the order denying his motion without a hearing.

Respondent shows that defendant has been duly paroled from the penitentiary and moves to dismiss this appeal contending that by virtue of his parole, appellant is no longer “[a] prisoner in custody under…