SMITH v. STATE

No. 58423.

517 S.W.2d 148 (1974)

Darwin Lee SMITH, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

December 16, 1974.


Attorney(s) appearing for the Case

William J. Fleischaker, Public Defender, Jasper County, 29th Judicial Circuit, Joplin, for appellant.

John C. Danforth, Atty. Gen., Dan Summers, Asst. Atty. Gen., Jefferson City, for respondent.


HOUSER, Commissioner.

Appeal from order overruling Darwin Lee Smith's amended motion under Rule 27.26, V.A.M.R., to vacate a judgment convicting him on a plea of guilty to a charge of robbery in the first degree and sentencing him to 5 years' imprisonment. Appellant alleged that he "was unconstitutionally deprived of the right to confront those witnesses against him in that the pre-sentence investigation report was based upon false accusations made against Movant...

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