Humphrey v. State

MORGAN, Judge.

Jerry Humphrey, hereinafter referred to as movant, sought postconviction relief under Rule 27.26, V.A.M.R. An evidentiary hearing was held, relief was denied and movant appealed prior to January 1, 1972.

Movant, originally, was tried as a second offender for the crime of operating an automobile without the consent of the owner in violation of § 560.175, RSMo 1969, V.A.M.S.; the trial court, after a jury verdict, fixed punishment at five years imprisonment under the provisions of § 560.-180, RSMo 1969 V.A.M.S.; movant appealed, and the judgment was affirmed by this court in State…