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STATE v. CARTER

No. 54207.

443 S.W.2d 176 (1969)

STATE of Missouri, Respondent, v. Jimmy CARTER, Appellant.

Supreme Court of Missouri, Division No. 1.

July 14, 1969.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Gene E. Voigts, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Dalton, Treasure & Bullard, and Tom B. Mobley, Kennett, for appellant.

HOUSER, Commissioner.

Appeal from a judgment and sentence of 7 years' imprisonment on a charge of armed robbery.

On April 25, 1966 appellant Jimmy Carter pleaded guilty to a charge of armed robbery and was sentenced to 10 years' imprisonment. Carter was imprisoned under this 10-year sentence from April 25, 1966 to March 8, 1968. On November 14, 1967 Carter filed a motion under Criminal Rule 27.26, V.A.M.R. to vacate that sentence. The motion was sustained...

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