[Download] "Leon Smith v. State Missouri" by Supreme Court of Nebraska " Book PDF Kindle ePub Free

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Title: Leon Smith v. State Missouri
Author : Supreme Court of Nebraska
Release Date : January 22, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

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 by the court. Movant appealed to the Court of Appeals, St. Louis District. That court adopted an opinion which reversed the judgment and remanded the case with directions to hold an evidentiary hearing and to make findings of fact and Conclusions of law. Upon application of respondent we ordered the case transferred to this court. It will be determined here the same as on original appeal. We affirm.