FOSTER v. STATE

No. 9732.

520 S.W.2d 684 (1975)

James Lee FOSTER, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

March 4, 1975.


Attorney(s) appearing for the Case

Edward C. Graham, Charleston, for movant-appellant.

John C. Danforth, Atty. Gen., Robert M. Sommers, Asst. Atty. Gen., Jefferson City, for respondent.

Before BILLINGS, C. J., and HOGAN and FLANIGAN, JJ.


BILLINGS, Chief Judge.

James Lee Foster has appealed from the order of the Circuit Court of Mississippi County dismissing without an evidentiary hearing his Rule 27.26 V.A.M.R. motion to vacate sentence and judgment. We affirm.

In 1969 the appellant, represented by an attorney, entered a plea of guilty to felonious assault [§ 559.180, RSMo 1969, V.A.M. S.]. The charge arose out of appellant's pointing a loaded revolver at and threatening the sheriff during...

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