Johnson v. State

BARDGETT, Judge.

Appellant, prisoner-petitioner, appeals from a judgment on petitioner’s motion under amended rule 27.26, V.A.M.R., wherein appellant’s prayer that judgment and sentence entered in 1954 be vacated and set aside was granted, but the further relief of absolute discharge or, in the alternative, a new trial, was denied. The trial court after setting aside the 1954 judgment and sentence ordered that appellant be returned to the trial court for further proceedings in which appellant would be allowed to file a motion for new trial as to the 1954 conviction and, if overruled, a new…