State v. Horn

HOLMAN, Judge.

In 1951 Nathaniel Horn (hereinafter referred to as defendant) was found guilty of statutory rape and his punishment fixed by the jury at life imprisonment. In 1970 defendant filed a motion to vacate the judgment under Rule 27.26, V.A.M.R. After an evidentiary hearing the trial court made findings adverse to defendant on contentions relating to the trial. The court, however, did find that defendant had not been properly advised of his right to appeal and therefore set aside the judgment and resentenced defendant so as to give him an opportunity to appeal from his original…