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STATE v. HOWARD

No. 50408.

383 S.W.2d 701 (1964)

STATE of Missouri, Respondent, v. Frank HOWARD, Appellant.

Supreme Court of Missouri, Division No. 1.

November 9, 1964.

Attorney(s) appearing for the Case

Thomas F. Eagleton, Atty. Gen., Eugene G. Bushmann, Asst. Atty. Gen., Jefferson City, for respondent.

Tenney, Dahma & Mathewson, E. H. Tenney, Jr., St. Louis, for appellant.

HYDE, Presiding Judge.

Appeal from order overruling motion under Rule 27.26, V.A.M.R. to vacate judgment and sentence of life imprisonment for forceable rape, previously affirmed by this court on appeal. State v. Howard, Mo., 360 S.W.2d 718. The order, made without hearing evidence, was "motion to vacate and set aside sentence and judgment filed, considered and denied." Counsel thereafter appointed for defendant, for this appeal...

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