State v. Rutledge

BOHLING, Commissioner.

This is an appeal from an order overruling the motion of Charles Rutledge to vacate a judgment (42 V.A.M.S. 120, Sup.Ct.R. 27.-26) imposing a sentence of life imprisonment for sodomy (§ 563.230). (Statutory references are to RSMo 1949, V.A.M.S.) Appellant’s conviction was affirmed upon appeal in State v. Rutledge, Mo., 267 S.W.2d 625.

Supreme Court Rule 27.26 authorizes relief to prisoners in custody under sentence “on the ground that such sentence was imposed in violation of the Constitution and laws of this State or the United States, or that the court imposing such…