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STATE v. BALL

No. 53295.

432 S.W.2d 265 (1968)

STATE of Missouri, Respondent, v. Freddie Eugene BALL, Appellant.

Supreme Court of Missouri, Division No. 1.

October 14, 1968.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., B. J. Jones, Asst. Atty. Gen., Jefferson City, for respondent.

David C. Harrison, Jefferson City, for appellant.

SEILER, Judge.

On a motion to vacate, under Rule 27.26, V.A.M.R., defendant contends his conviction and sentence should be set aside (it was affirmed on original appeal in State v. Ball (Mo.Sup.) 408 S.W.2d 17) on the ground the information for second degree burglary was fatally defective. He attacks the portion which alleges that he did "* * * break into and enter a certain building...

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