Ward v. State

HIGGINS, Commissioner.

Appeal from denial, after hearing, of motion under Criminal Rule 27.26, V.A. M.R., to vacate and set aside judgment of conviction of felonious assault with malice with intent to kill.

On April 18, 1967, Chester Ward, Jr., a second offender, was convicted by a jury of assault with malice with intent to kill, Section 559.180, V.A.M.S., and his punishment was assessed by the trial judge at 10-years’ imprisonment. On May 8, 1967, he appeared in court with his counsel, Joseph Noskay, withdrew his motion for new trial, waived his right to appeal, and stood ready for sentence,…