(DOWNLOAD) "State Missouri v. Elmer Smith" by Supreme Court of Missouri Division 2 # Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Elmer Smith
- Author : Supreme Court of Missouri Division 2
- Release Date : January 13, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is a motion to vacate, under Criminal Rule 27.26, V.A.M.R., a judgment of conviction and a sentence of fifteen years imposed by a jury on June 24, 1960, for the crime of robbery in the first degree. Appellant argued his case before this court pro se. The trial court denied appellant's motion to vacate on February 6, 1966, without an evidentiary hearing. Appellant's first point is that there was insufficient evidence to support and sustain a conviction for robbery. In this proceeding we do not examine the matter of sufficiency of the evidence, but only whether the ""sentence was imposed in violation of the Constitution and laws of this State or the United States, or that the court imposing such sentence was without jurisdiction to do so, or that such sentence was in excess of the maximum sentence authorized by law or is otherwise subject to collateral attack, * * *."" (Our emphasis.) Criminal Rule 27.26, V.A.M.R. The allegation, being one of error in the course of the trial, is one for direct appeal, and not for collateral attack under the rules. State v. Warren, Mo., 344 S.W.2d 85, 86; State v. Schaffer, Mo., 383 S.W.2d 698, 699; State v. Macon, Mo., 403 S.W.2d 630, 631. The point is overruled.