Burgess v. State

HIGGINS, Commissioner.

Appeal from denial, after evidentiary hearing, of motion under Criminal Rule 27.26, V.A.M.R., to vacate and set aside judgment of conviction of murder, first degree.

Willie Wade Burgess was charged by information with killing Henry “Son” Thomas on November 2, 1963, by shooting him with a shotgun. Upon trial, defendant was convicted by a jury which assessed his punishment at life imprisonment, and the ensuing judgment was affirmed upon direct appeal. State v. Burgess, Mo., 387 S.W.2d 566.

As grounds for relief, appellant’s motion asserted:

“(a) Denial of Equal Protection and…