SMITH v. STATE

No. 58559.

513 S.W.2d 407 (1974)

Leon SMITH, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 9, 1974.


Attorney(s) appearing for the Case

Donald L. Schmidt and Christopher T. Hexter, Legal Aid Society of St. Louis, St. Louis, for appellant.

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


HOLMAN, Judge.

On November 8, 1971, movant (hereinafter referred to as defendant) entered a plea of guilty to a charge of second degree murder and was sentenced to imprisonment for a term of 19 years. On September 11, 1972, he filed a motion to vacate his sentence pursuant to Rule 27.26. The trial court thereafter appointed an attorney for movant and set the motion for hearing. Before any hearing was held, however, the State filed a motion to dismiss which was sustained...

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