Green v. State

HOLMAN, Judge.

Movant (hereinafter referred to as defendant) has appealed from an order of the circuit court, made after an evidentiary hearing, overruling his motion to vacate filed pursuant to S.Ct. Rule 27.26, V.A.M. R.

This appeal was originally heard in Division Two but was subsequently transferred to Court en Banc without any decision by that division.

In April 1969, defendant entered a plea of guilty to a charge of assault with intent *357to kill with malice aforethought and was sentenced to imprisonment in the custody of the Missouri Department of Corrections for a term of seven years.…