Caffey v. State

HOLMAN Presiding Judge.

Movant (hereinafter referred to as defendant) has appealed from an order of the circuit court, made without an eviden-tiary hearing, dismissing with prejudice his motion to vacate filed pursuant to S.Ct. Rule 27.26, V.A.M.R. We affirm.

On February 9, 1962, defendant was convicted of unlawful control of narcotic drugs and his punishment was fixed by the jury at imprisonment for a term of 20 years. Upon appeal that judgment was affirmed. State v. Caffey, Mo.Sup., 365 S.W.2d 607. In May 1969 defendant filed a motion to vacate the judgment under S.Ct. Rule 27.26, which was…