STOCKARD, Commissioner.
In 1960 Samuel Sylvester Johnson, hereafter referred to as appellant, was found guilty by a jury of rape and sentenced to imprisonment for a term of twenty-five years. A motion for new trial was filed but no appeal was perfected. In 1968 the trial court ruled in a proceeding brought pursuant to Rule 27.26, V.A.M.R., that appellant had improperly been denied an appeal, and the judgment and sentence, but not the verdict, were set aside and appellant...
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