Whitaker v. State

STOCKARD, Commissioner.

Defendant was charged under the provisions of the habitual criminal act then in effect, § 556.280, now repealed, with robbery, first degree. He was found guilty of the robbery, but the jury made no finding as to the previous convictions and imposed a sentence of imprisonment for a term of forty-five years. On appeal the judgment was affirmed. State v. Whitaker, Mo., 312 S.W.2d 34.

Defendant has now filed a motion pursuant to Supreme Court Rule 27.26, V.A. M.R., in which he has alleged as grounds for relief (1) “defective judgment and sentence,” (2) “new evidence tending…