Mitchell v. State

TITUS, Judge.

Movant, convicted of forcible rape, was sentenced to 12 years’ imprisonment. On appeal, the judgment of conviction was affirmed. State v. Mitchell, 500 S.W.2d 320 (Mo.App.1973). The present appeal is from denial, after evidentiary hearing, of mov-ant’s motion to vacate and set aside the sentence. Rule 27.26, V.A.M.R.

Movant’s points relied on centralize the preprosecution lineup conducted by the sheriff. He says: (I) the lineup procedures leading to movant’s identification by the rape victim were so defective, unnecessarily suggestive and conducive to irreparable mistaken…