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STATE v. JOHNSTONE

No. 48705.

350 S.W.2d 774 (1961)

STATE of Missouri, Respondent, v. Charles N. JOHNSTONE, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion to Transfer Denied November 13, 1961.

Attorney(s) appearing for the Case

Charles N. Johnstone, appellant, pro se.

Thomas F. Eagleton, Atty. Gen., Charles H. Sloan, Special Asst. Atty. Gen., for respondent.

Motion to Transfer to Court en Banc Denied November 13, 1961.

EAGER, Presiding Judge.

This appeal arises in a proceeding to vacate a judgment and sentence under Rule 27.26, V.A.M.R. 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.,

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