STATE v. BROTHERS

No. 56253.

472 S.W.2d 415 (1971)

STATE of Missouri, Respondent, v. Donald BROTHERS, Appellant.

Supreme Court of Missouri, Division No. 2.

Rehearing Denied November 8, 1971.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., J. Michael Jarrard, Asst. Atty. Gen., Jefferson City, for respondent.

John Wm. Ringer, Dexter, for appellant.


DONNELLY, Judge.

This case involves an escape from confinement. On November 4, 1968, appellant was sentenced by the Circuit Court of Stoddard County, Missouri, to a term of five years for striking a police officer engaged in the performance of his duties, and was confined by the Department of Corrections in Jefferson City.

On January 5, 1970, appellant filed a motion to vacate, under Supreme Court Rule 27.26, V.A.M.R., in the Circuit Court of Stoddard County...

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