Brager v. State

MANFORD, Judge.

Appeal from order overruling motion for post conviction relief pursuant to Rule 27.-26. Affirmed.

Movant was convicted by jury for assault with intent to kill. Punishment was fixed at 25 years. The conviction was affirmed on appeal, see State v. Brager, 497 S.W.2d 181 (Mo.1973). The motion and appeal herein precede Fields v. State, 572 S.W.2d 477 (Mo.banc 1978) and Seales v. State, 580 S.W.2d 733 (Mo.banc 1979). Those decisions being prospective only have no application herein.

This appeal is taken from a first amended motion following three previous motions to vacate. Two issues…