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GERBERDING v. STATE

No. 54563.

448 S.W.2d 904 (1970)

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

Supreme Court of Missouri, Division No. 2.

January 12, 1970.

Attorney(s) appearing for the Case

Robert G. Duncan, Lewis E. Pierce, Pierce, Duncan & Hill, Kansas City, for movant-appellant.

John C. Danforth, Atty. Gen., Peter H. Ruger, Asst. Atty. Gen., Jefferson City, for respondent.

PRITCHARD, Commissioner.

Appellant was convicted by the verdict of a jury of robbery in the first degree which occurred November 29, 1951, and his sentence was by the jury assessed at life imprisonment. His conviction was affirmed by this court, State v. Gerberding, Mo., 272 S.W.2d 230. Appellant now seeks relief under Supreme Court Rule 27.26, V.A.M.R., to set aside and vacate his life sentence and have a new trial upon grounds...

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