State v. Johnson

STOCKARD, Commissioner.

In 1960 Samuel Sylvester Johnson, hereafter referred to as appellant, was found guilty by a jury of rape and sentenced to imprisonment for a term of twenty-five years. A motion for new trial was filed but no appeal was perfected. In 1968 the trial court ruled in a proceeding brought pursuant to Rule 27.26, V.A.M.R., that appellant had improperly been denied an appeal, and the judgment and sentence, but not the verdict, were set aside and appellant resentenced. Thereafter a notice of *732appeal was filed, counsel appointed, and the appeal perfected which is docketed in this…