Gallagher v. State

Theodore B. Knudson, Justice. *

Appeal from an order denying postconviction relief.

Petitioner, James Eugene Gallagher, pleaded guilty to the crime of rape and was convicted on January 6, 1959. His unsuccessful petition for relief, filed May 8, 1968, in the St. Louis County District Court, alleged in essence that (1) his guilty plea was entered without an understanding of the elements of the crime with which he was charged, and (2) his attorney did not provide legally adequate representation. We consider these issues in the light of two well-established principles.

Burden of Proof

Under the rules…