James Lee Franklin v. State Missouri

On July 1, 1944, following a jury verdict of guilty and assessment of the death penalty, James Lee Franklin was sentenced
to life imprisonment for the murder of a three year old girl. In this post-conviction proceeding, provided by Rule 27.26,
V.A.M.R., he sought to have the judgment and sentence vacated. After an evidentiary hearing, relief was denied and this appeal
followed. Movant, then twenty-one years of age, lived in the same general neighborhood in the city of St. Louis as did the small girl.
Briefly, as shown by the evidence, he enticed her on May 3, 1943, to take a ride with him on a streetcar. After one transfer,
they arrived at Forest Park where he raped and murdered her. The death was caused by numerous stab wounds. After placing her
body in a culvert or underpass, movant returned to his home. Approximately four hours later, he was arrested and orally confessed
his guilt before several police officers and newspaper reporters. The confession was later reduced to writing. The alleged
murder weapon, a pocket knife, was given to the police by movant's mother. On the following day, he was charged with murder
in the first degree. Such other facts as may be relevant will be more meaningful if related while considering each of the
specific issues raised in this proceeding.