STORCKMAN, Judge.
The appeal is from an order of the Circuit Court of Jackson County overruling the defendant's motion (under S.Ct. Rule 27.26, V.A.M.R.) to vacate the judgment and sentence of life imprisonment imposed upon him pursuant to his conviction of murder in the second degree.
On April 6, 1960, an information was filed charging the defendant with murder in the first degree. The trial on May 9 and 10, 1960, resulted in defendant's conviction of murder...
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