Duisen v. State

FINCH, Judge.

This is an appeal from the action of the trial court in summarily overruling appellant’s motion under Rule 27.26 1 to vacate his sentence of life imprisonment 2 on a charge of first degree murder. Notice of appeal was filed June 21, 1971, which vests jurisdiction in this court. We affirm.

Appellant’s original conviction for murder in the first degree was affirmed on appeal. State v. Duisen, 428 S.W.2d 169 (Mo. banc 1967). After denial of his application for a writ of certiorari to the Supreme Court of the United States, appellant filed a motion to vacate under Rule 27.26. After a…