Johnson v. State

STOCKARD, Commissioner.

In November 1967 appellant was indicted for first degree murder, and after a jury trial in which he was found guilty and sentenced to death, a new trial was granted. On April 10, 1969 appellant entered a plea of guilty to first degree murder and was sentenced to life imprisonment, the minimum permissible sentefice.

In March 1970 appellant filed pro se a motion pursuant to Supreme Court Rule 27.26, V.A.M.R., to vacate the judgment and sentence upon the alleged ground that (1) there was “improper identification on show-up or line-up when denied counsel to be present,” and…