State v. Small

HIGGINS, Commissioner.

Appeal from an order overruling appellant’s motion to vacate judgment and sentence under Supreme Court Rule 27.26, V.A. M.R.

On February 26, 1963, Willie Small pleaded guilty to a charge of molesting a minor, a felony, and was sentenced to imprisonment in the penitentiary for a term of five years. Section 563.160, RSMo 1959, V.A.M.S.

The transcript on appeal shows the facts and chronology that follow: On October 8, 1962, appellant was taken before the Magistrate Court of New Madrid County, where he waived preliminary hearing on a complaint of “felony, to-wit: Rape.” He was…