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LATHAM v. STATE

No. 54041.

439 S.W.2d 737 (1969)

William H. LATHAM, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

April 14, 1969.

Attorney(s) appearing for the Case

Edgar M. Eagan, Jefferson City, of counsel, for appellant.

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

HOUSER, Commissioner.

This is an appeal from an order denying a motion by William H. Latham under Criminal Rule 27.26, V.A.M.R. to vacate and set aside a judgment and sentence.

Charged with burglary, second degree, § 560.070, RSMo 1959, and stealing, defendant pleaded guilty on March 1, 1968, to burglary, and was sentenced to five years' imprisonment. The state dismissed the stealing charge.

On May 16, 1968 appellant filed this motion to vacate...

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