Norris v. State

HOUSER, Commissioner.

This is an appeal from an order denying a motion by Kenneth Hardin Norris under Criminal Rule 27.26, V.A.M.R. to vacate a sentence and judgment convicting him of assault with intent to rob with malice aforethought. On direct appeal the judgment was affirmed. State v. Norris, Mo.Sup., 365 S.W.2d 501. Later defendant, while incarcerated in the penitentiary, filed this motion to vacate, alleging that the information does not state facts charging a violation of a felony statute; that the evidence fails to show that defendant entertained an unlawful or felonious intent to rob,…