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JOHNSON v. STATE

Nos. 56062, 56583.

472 S.W.2d 433 (1971)

James Earl JOHNSON, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

November 8, 1971.

Attorney(s) appearing for the Case

Pohlmann & Dieckman, Lloyd F. Dieckman, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Thomas H. Stahl, Special Asst. Atty. Gen., Jefferson City, for respondent.

STOCKARD, Commissioner.

In November 1967 appellant was indicted for first degree murder, and after a jury trial in which he was found guilty and sentenced to death, a new trial was granted. On April 10, 1969 appellant entered a plea of guilty to first degree murder and was sentenced to life imprisonment, the minimum permissible sentence.

In March 1970 appellant filed pro se a motion pursuant to Supreme Court Rule 27.26, V.A.M.R., to vacate the judgment...

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