State v. Johnson

HYDE, Judge.

This is a proceeding under Rule 27.26,. V.A.M.R., to vacate judgment and sentence-of 40 years’ imprisonment for rape entered on the verdict of a jury assessing such punishment (See Sec. 559.260; statutory references are to RSMo and V.A.M.S.). The-court overruled defendant’s motion to vacate and he has appealed seeking review under Rule 28.05.

Defendant’s motion stated that in June-1953 he was convicted of rape and sentenced', to 30 years’ imprisonment, which was thereafter reversed and remanded for new trial.. State v. Johnson, Mo.Sup., 267 S.W.2d 642, 44 A.L.R.2d 973. Thereafter,…