Hemphill v. State

RENDLEN, Judge.

James Hemphill appeals from the trial court’s denial of his Rule 27.26 1 motion to vacate judgment and sentence of forty years imprisonment imposed pursuant to the jury’s guilty verdict for the offense of second degree murder. That judgment of conviction was affirmed on direct appeal in State v. Hemphill, 460 S.W.2d 648 (Mo.1970).

This cause was appealed to the Missouri Court of Appeals, St. Louis District and, after opinion affirming in that court, was transferred here under Rule 83.03 for determination as though on original appeal. Mo. Const. Art. V, § 10.

For his first point…