State v. Grant

STORCKMAN, Judge.

The defendant was convicted of the offense of forcible rape on June 13, 1962. The court found the defendant had been convicted of four prior felonies pursuant to the Habitual Criminal Act and assessed the punishment at 99 years in the custody of the Department of Corrections. A timely motion for new trial was overruled by operation of law. No appeal was taken but a motion under S.Ct. Rule 27.26, V.A. M.R., to vacate the sentence and judgment was filed on August 27, 1963. This motion was heard, submitted, and overruled by the trial court on September 10, 1963, from which…