Barton v. State

MAUS, Judge.

By his motion under V.A.M.R. Crim. Rule 27.26 appellant, Walter Emel Barton, seeks to set aside a sentence of 20 years for assault with intent to kill with malice aforethought committed upon the female operator of a service station in the vicinity of Camdenton. The sentence was imposed as the result of a jury trial and a verdict of *820guilty. While the record of the background of the case is sketchy (the trial transcript was not introduced into evidence and is not before this court)1 the victim gave a positive description of the appellant, including the fact he was missing two front…