CHILDERS v. STATE

No. 57222.

502 S.W.2d 249 (1973)

James L. CHILDERS, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

December 10, 1973.


Attorney(s) appearing for the Case

E. L. McClintock, Jr., Flat River, for movant-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.


HOUSER, Commissioner.

On June 1, 1967 James L. Childers pleaded guilty to a charge of assault with intent to kill and was sentenced to 30 years' imprisonment.

On July 17, 1967 Childers filed a motion under Rule 27.26, V.A.M.R. to vacate the judgment and sentence (1) for not having been afforded an opportunity to be advised by counsel and (2) because his "rights to a fair trial have been violated." A judgment denying the motion was affirmed on appeal. Childers...

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