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GERBERDING v. STATE

No. 53720.

433 S.W.2d 820 (1968)

Wilburn Jerome GERBERDING, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

November 12, 1968.

Attorney(s) appearing for the Case

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

Norman H. Anderson, Atty. Gen., O. Hampton Stevens, Asst. Atty. Gen., Jefferson City, for respondent.

FINCH, Presiding Judge.

This is an appeal from the judgment of the trial court overruling, without an evidentiary hearing, movant's motion to vacate judgment and sentence under Supreme Court Rule 27.26, V.A.M.R. We reverse and remand for an evidentiary hearing.

Defendant originally was charged with robbery in the first degree with a dangerous and deadly weapon. He was prosecuted under the then applicable Second Offender Act (§§ 556.280 and 556.290...

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