Duncan v. State

NORWIN D. HOUSER, Special Judge.

Appeal from order denying an amended motion under Rule 27.26, V.A.M.R., to vacate a judgment convicting James Irving Duncan on pleas of guilty of forcible rape, assault with intent to ravish with malice, and robbery of a person, for which he was sentenced to 15 years, 10 years and 10 years, respectively, all to run concurrently. This is appellant’s second motion filed under Rule 27.26. Appellant’s first motion filed under Rule 27.26 was denied and that ruling affirmed on appeal. Duncan v. State, 471 S.W.2d 181 (Mo.1971).

In this second motion under Rule 27.26,…