HUMPHREY v. STATE

No. 57440.

502 S.W.2d 251 (1973)

Jerry HUMPHREY, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

December 10, 1973.


Attorney(s) appearing for the Case

Bernard W. Weitzman, St. Louis, for movant-appellant.

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.


MORGAN, Judge.

Jerry Humphrey, hereinafter referred to as movant, sought postconviction relief under Rule 27.26, V.A.M.R. An evidentiary hearing was held, relief was denied and movant appealed prior to January 1, 1972.

Movant, originally, was tried as a second offender for the crime of operating an automobile without the consent of the owner in violation of § 560.175, RSMo 1969, V.A.M.S.; the trial court, after a jury verdict, fixed punishment at five...

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