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STATE v. JOHNSON

No. 47939.

336 S.W.2d 668 (1960)

STATE of Missouri, Respondent, v. James Burl JOHNSON, Appellant.

Supreme Court of Missouri, Division No. 1.

June 13, 1960.

Attorney(s) appearing for the Case

No appearance for appellant.

John M. Dalton, Atty. Gen., Donal D. Guffey, Asst. Atty. Gen., for respondent.

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...

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