SMITH v. STATE

No. 56407.

473 S.W.2d 719 (1971)

Ulysses Curtis SMITH, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

December 13, 1971.


Attorney(s) appearing for the Case

Legal Aid and Defender Society of Greater Kansas City, for appellant; John J. Cosgrove, Public Defender, Darragh K. Kasakoff, Public Defender, Kansas City, of counsel.

John C. Danforth, Atty. Gen., Kermit W. Almstedt, Asst. Atty. Gen., Jefferson City, for respondent.


DONNELLY, Judge.

Appellant, Ulysses Curtis Smith, was convicted of first-degree robbery in the Circuit Court of Jackson County, Missouri, and his punishment was assessed at imprisonment for a term of eight years. The judgment of conviction was affirmed on direct appeal. State v. Smith, Mo.Sup., 454 S.W.2d 539.

On July 29, 1970, appellant filed a motion to vacate under S.Ct. Rule 27.26, V.A.M.R. The trial court held an evidentiary...

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