SMITH v. STATE

No. KCD 28739.

555 S.W.2d 93 (1977)

Henry Stanley SMITH, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

August 8, 1977.


Attorney(s) appearing for the Case

Albert A. Riederer, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Bruce E. Anderson, Paul R. Otto, Asst. Attys. Gen., Jefferson City, for respondent.

Before SWOFFORD, P. J., and PRITCHARD, C. J., and DIXON, J.


SWOFFORD, Presiding Judge.

Upon a plea of guilty, the appellant was sentenced to a term of seven years on April 21, 1975 for the crime of sodomy. On October 23, 1975, appellant filed a motion to vacate his sentence pursuant to Rule 27.26; an evidentiary hearing was held; and, the motion was denied. This appeal followed.

The appellant asserts two points relied on or assignments of error; first, that his motion...

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