State v. Testerman

WELBORN, Commissioner.

This is an appeal from the denial by the McDonald County Circuit Court of Marvin Testerman’s motion to vacate judgment and sentence. Criminal Rule 27.26, V.A. M.R. The motion was denied without a hearing.

On February 10, 1964, a jury in the McDonald County Circuit Court found appellant guilty of obtaining money by deceit with intent to defraud by means of a “no funds” check. His punishment was set at two years’ imprisonment. Upon appellant’s waiver of his right to file a motion for new trial, and to appeal, sentence was pronounced and judgment entered in accordance with…