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eBook details

• Title: State Missouri v. Charles N. Johnstone
• Author : Supreme Court of Missouri Division 2
• Release Date : January 09, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

This appeal arises in a proceeding to vacate a judgment and sentence under Rule 27.26. Following a conviction of robbery with
a dangerous and deadly weapon and a finding of two prior felony convictions, defendant was sentenced to life imprisonment
in accordance with the verdict of a jury. Upon appeal, that conviction was affirmed. State v. Johnstone, Mo., 335 S.W.2d 199.
Certiorari was denied as shown at 364 U.S. 842, 81 S.Ct. 81, 5 L.Ed.2d 66. The present motion to vacate, filed in the Circuit
Court of Jackson County, was denied on January 27, 1961. Defendant's notice of appeal from that ruling was late, and this
court issued its special order under Rule 28.07 permitting the filing of another notice. By an amended information in the original case defendant was charged with robbery, as stated, with a prior felony conviction
for first degree robbery in Missouri, and with a prior felony conviction in the United States District Court for the District
of Colorado for the interstate transportation of a stolen motor vehicle (Dyer Act); it was also alleged that he served both
of such prior sentences and was discharged in each such case. We take judicial notice of the trial proceedings in the principal
case, for we have the transcript here and the case was terminated in this court. At the time of defendant's conviction (November
1958) and sentence (December 1958) the applicable Habitual Criminal Statutes were §§ 556.280 and 556.290,
RSMo 1949, under which a verdict for the maximum term applicable to the "subsequent offense" was mandatory if the jury found
defendant guilty of both the subsequent offense and the prior offenses. State v. Stanton, Mo., 68 S.W.2d 811; State v. Johnstone,
Mo., 335 S.W.2d 199, supra. The procedure has since been changed, but that is immaterial here. Sections 556.280 and 556.290,
RSMo 1959.

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