Evans v. State

WELBORN, Commissioner.

Appeal from denial of relief without hearing on motion under Supreme Court Rule 27.26, V.A.M.R., to set aside judgment and conviction.

Appellant, R. D. Evans, was found guilty of murder in the first degree by a jury in the St. Louis Circuit Court and sentenced to life imprisonment. He appealed to this Court which affirmed the conviction. State v. Evans, 439 S.W.2d 170. The sole ground for relief on the appeal was “that the trial court erroneously admitted into evidence his confession, given at a time when he was without counsel and when he says he was not properly warned…