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STATE v. WORLEY

No. 49820.

371 S.W.2d 221 (1963)

STATE of Missouri, Respondent, v. Bill WORLEY, Appellant.

Supreme Court of Missouri, Division No. 1.

October 14, 1963.

Attorney(s) appearing for the Case

No attorney for appellant.

Thomas F. Eagleton, Atty. Gen., Julian L. O'Malley, Asst. Atty. Gen., Jefferson City, for respondent.

HOLMAN, Judge.

This proceeding was instituted by the defendant, a prisoner in the Missouri State Penitentiary, under the provisions of Supreme Court Rule 27.26, V.A.M.R., by the filing of a motion to set aside a judgment and sentence wherein he had been adjudged guilty of burglary in the second degree and stealing. The court in the original trial had found, as charged, that defendant had been previously convicted of a felony...

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