State v. Brookshire

HENLEY, Judge.

This is a proceeding by motion under Rule 27.26 (references to rules are to Rules of the Supreme Court of Missouri and V.A.M.R.) to vacate and set aside a judgment entered October 16, 1961, by the circuit court of Cooper County sentencing defendant to imprisonment in the penitentiary for a term of ten years on his conviction of murder in the second degree. That judgment was affirmed by this court on April 8, 1963. See: State v. Brookshire, Mo., 368 S.W.2d 373.

Defendant’s motion was filed in the trial court on November 21, 1964. On February 1, 1965, that court found on…