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McGINNIS v. STATE

No. 55100.

460 S.W.2d 690 (1970)

Billy J. McGINNIS, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

December 14, 1970.

Attorney(s) appearing for the Case

Roy C. Miller, Marshfield, for appellant.

John C. Danforth, Atty. Gen., James M. Reed, Asst. Atty Gen., Jefferson City, for respondent.

BARRETT, Commissioner.

On March 14, 1968, a jury in Webster County found Billy J. McGinnis guilty under an information charging that on January 1, 1967, while under sentence to the State Department of Corrections, he escaped from the Fordland Honor Farm. RSMo 1969, Sec. 557.351. The jury fixed his punishment at three years and six months' imprisonment (the penalty is not more than 5 years nor less than 2), he appealed and the judgment was affirmed in State v. McGinnis...

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