STATE v. SPROUSE

No. 45172.

286 S.W.2d 761 (1956)

STATE of Missouri, Respondent, v. James A. SPROUSE, Jr., Appellant.

Supreme Court of Missouri, Division No. 1.

February 13, 1956.


Attorney(s) appearing for the Case

Von Mayes, Caruthersville, for appellant.

John M. Dalton, Atty. Gen., Hugh P. Williamson, Asst. Atty. Gen., for respondent.


HYDE, Judge.

This is a proceeding under 42 V.A.M.S. Supreme Court Rule 27.26 to vacate judgment and sentence of 30 years imprisonment for second degree murder entered on defendant's plea of guilty December 28, 1950. The Court denied relief and defendant has appealed, seeking review under Supreme Court Rule 28.05.

Defendant testified by deposition that, on November 7, 1950, when he was 18 years old, he shot and wounded his brother George L. Sprouse, who died...

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