STATE v. WILLIAMS

No. 49200.

361 S.W.2d 772 (1962)

STATE of Missouri, Respondent, v. James Edward WILLIAMS, Appellant.

Supreme Court of Missouri, En Banc.

November 14, 1962.


Attorney(s) appearing for the Case

Charles W. Meoley, Flat River, Robert A. McIlrath, Flat River, for appellant.

Thomas F. Eagleton, Atty. Gen., Robert D. Kingsland, Asst. Atty. Gen., Jefferson City, for respondent.


HYDE, Judge.

Defendant sentenced to death on plea of guilty to a charge of forceable rape. (Sec. 559.260, statutory references are to RSMo and V.A.M.S.) Defendant's motion to withdraw plea was overruled and he has appealed.

Under the circumstances of this case our conclusion is that defendant should have been permitted to withdraw his plea and have a trial on the merits. (See Mo. Rule 27.25, V.A.M.R.; see also Federal...

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