STATE v. HORN

Nos. 57492, 58076.

498 S.W.2d 771 (1973)

STATE of Missouri, Respondent, v. Nathaniel HORN, Appellant. Nathaniel HORN, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

September 10, 1973.


Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Richard E. Vodra, Asst. Atty. Gen., Jefferson City, for respondent.

Henri J. Watson, Asst. Public Defender, Kansas City, Gary A. Gorman, Law Student, for appellant.


HOLMAN, Judge.

In 1951 Nathaniel Horn (hereinafter referred to as defendant) was found guilty of statutory rape and his punishment fixed by the jury at life imprisonment. In 1970 defendant filed a motion to vacate the judgment under Rule 27.26, V.A.M.R. After an evidentiary hearing the trial court made findings adverse to defendant on contentions relating to the trial. The court, however, did find that defendant had not been properly advised of his right to appeal...

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