Caffey v. State

PHILIP G. HESS, Special Judge.

Appellant was found guilty by a jury of possession of burglary tools, Section 560.115, V.A.M.S., and, on July 7, 1967, was sentenced by the court to imprisonment for three years. That judgment was affirmed on appeal, State v. Caffey, Mo.Sup., 436 S.W.2d 1. Appellant thereafter filed a motion pursuant to Criminal Rule 27.26, V.A.M.R., to vacate the judgment and sentence and, from the order of the trial court denying that motion without an evidentiary hearing, he has appealed.

Appellant was represented by able counsel, Mr. Wayne Smith, Jr., at his preliminary…