Russell v. State

BARDGETT, Judge.

This is an appeal from .the judgment of the circuit court denying movant-appellant Walter Russell’s (hereafter “movant”) Rule 27.26, V.A.M.R. motion by which he sought to have a judgment of conviction of forcible rape, a felony, entered on his plea of guilty September 14, 1959, vacated. Notice of appeal was filed prior to January 1, 1972. This court has jurisdiction. Mo. Const., Art. V, § 31(4), as amended 1970.

Movant’s efforts to have the rape conviction set aside consist of the following:

In 1962, movant instituted a proceeding for a writ of habeas corpus in .the Circuit…