Durham v. State

WEIER, Judge.

Movant appeals from the denial of his Rule 27.26 motion to set aside a 1965 conviction and 35 year sentence for statutory *674rape. The grounds for relief asserted in movant’s first amended motion and carried forward in his brief on appeal center around the allegedly illegal and unconstitutional use at movant’s trial of the record of seven previous convictions for which mov-ant had received pardons from the Governor of Missouri in 1963. These pardoned convictions were used to invoke the provisions of the Habitual Criminal Act, § 556.-280 RSMo. 1959, as amended Laws 1959, S.B. No.…