Malone v. State

PRITCHARD, Commissioner.

On February 24, 1956, appellant was sentenced to life imprisonment on a jury finding of guilt of murder in the first degree. He then appealed, having counsel therefor, and the conviction was affirmed, State v. Malone, Mo., 301 S.W.2d 750.

Appellant now seeks to vacate the judgment and sentence under Supreme Court Rule 27.26, V.A.M.R. The points he presents are: (I) The court erred in permitting the state to present additional evidence after failing to make findings of fact on the original evidentiary hearing; (II) The court erred in failing to find that appellant was…