HOLMAN, Commissioner.
Defendant has appealed from the order and judgment of the Circuit Court of Jackson County overruling his motion to set aside and vacate a prior judgment of that court wherein he was, on October 1, 1942, adjudged guilty of the crime of rape and sentenced to be imprisoned in the penitentiary for and during his lifetime. In that proceeding defendant had been charged with a prior felony conviction under the provisions of the Habitual Criminal Act...
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