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STATE v. ASHE

No. 51798.

403 S.W.2d 589 (1966)

STATE of Missouri, Respondent, v. Bob Fred ASHE, Appellant.

Supreme Court of Missouri, Division No. 1.

June 13, 1966.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Donald R. Wilson, Asst. Atty. Gen., Jefferson City, for respondent.

Robert G. Duncan, Pierce, Duncan, Beitling & Shute, Kansas City, for appellant.

HIGGINS, Commissioner.

On June 22, 1960, appellant was convicted by a jury of robbery in the first degree, and under Section 556.280, V.A.M.S., was sentenced by the court to 35 years' imprisonment, which judgment was affirmed. State v. Ashe, Mo., 350 S.W.2d 768. He has since moved under Criminal Rule 27.26, V.A.M.R., to vacate that judgment and sentence and has appealed from the order denying his motion without a hearing.

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