Foster v. State

SMITH, Judge.

Petitioner appeals from the order of the circuit court denying his motion to vacate sentence under Rule 27.26. Petitioner was tried and convicted of rape and was sentenced to 20 years imprisonment by the trial court pursuant to the Second Offender Act, Sec. 556.280 RSMo 1969. This conviction was affirmed on appeal. State v. Foster, 501 S.W.2d 33 (Mo.1973).

Petitioner’s sole attack is that the information inadequately charged facts bringing him under the provisions of Sec. 556.280. . That information charged:

“That William Wintworth (sic) Foster in the City of St. Louis, State of…