(DOWNLOAD) "Rex Peck v. State Missouri" by Supreme Court of Missouri Division 2 # Book PDF Kindle ePub Free
eBook details
- Title: Rex Peck v. State Missouri
- Author : Supreme Court of Missouri Division 2
- Release Date : January 14, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
For the offenses of burglary and grand stealing appellant was sentenced to two consecutive five-year terms of imprisonment in the Department of Corrections on May 2, 1963, upon his pleas of guilty thereto. He now seeks to withdraw the pleas of guilty under Rule 27.25, V.A.M.R., and to vacate his sentences under Rule 27.26, V.A.M.R., because, as alleged, they were entered involuntarily by reason of threats and ill-treatment by jail custodians and the sheriff, who died in 1967. At the evidentiary hearing of the motion, appellant testified that on April 30, 1963, there was a disturbance at the Greene County jail which was caused by him and a cellmate. They flooded the cell and threw burning rags on the bed. Eight deputy sheriffs came into the cell and hit the two with night sticks until appellant was paralyzed and couldn't move. Appellant was knocked to the floor, kicked in the face, dragged down the hallway and down two flights of stairs ""to the hold"" and stripped of his clothing. Afterward the deputies came back periodically for three days with threats and kicks. He was there fed bread and water. He could not eat the bread because of a swollen face. He was visited in the cell by Deputy Hutchinson and Sheriff Hendrix who told him it would be better for his health if he pleaded guilty. On one occasion Hutchinson came down to the cell, took appellant out and stated to him that he had heard appellant had threatened his life and that he would personally kill appellant if he ever had an opportunity, and then he knocked appellant to the floor and kicked him in the face again. He was kept in solitary confinement until May 2, 1963, when his brother and Mr. Moon, his attorney, visited him in the jail and he told Mr. Moon he wanted to plead guilty. Mr. Moon advised him not to plead guilty, but appellant insisted and Mr. Moon made the arrangements. When appellant was taken to court that afternoon, his hair and whiskers were matted with blood, his mouth was mashed so bad that his teeth were knocked through his lips. Appellant did not recall any questions the court asked him that day. His state of mind was that he had fear for his life, and wanted the authorities to stop bothering people who had committed no crime. He understood that if he pleaded guilty and got out of there they would stop harassing these other people. Appellant told the court that if he was sentenced he would like to be transferred to the penitentiary immediately. He was taken to Jefferson City early the next morning.
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