Carpenter v. State

HOUSER, Commissioner.

This is an appeal by Leroy Carpenter from a judgment overruling a motion filed under Criminal Rule 27.26, V.A.M.R., to vacate judgments of conviction entered May 6, 1963 on pleas of guilty and sentences of twenty years for armed robbery and five years for kidnapping.

Appellant was not provided with counsel at his preliminary hearing. His first point raises the question whether he had a right to appointment of counsel at the preliminary hearing held in 1963, and whether the convictions and sentences should be set aside on account of this omission and a new preliminary…