BULLINGTON v. STATE

No. 55046.

459 S.W.2d 334 (1970)

Robert Ernest BULLINGTON, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

November 9, 1970.


Attorney(s) appearing for the Case

Robert F. Schlafly, St. Louis, for appellant.

John C. Danworth, Atty. Gen., Gene E. Voigts, First Asst. Atty. Gen., Jefferson City, for respondent.


BARDGETT, Judge.

This is an appeal by prisoner-petitioner from the judgment of the trial court denying his motion for relief under Supreme Court Rule 27.26, V.A.M.R., after a full evidentiary hearing.

On December 14, 1965, appellant was charged by indictment with three prior convictions of felonies and kidnaping while armed, to which appellant pleaded not guilty.

On the day the jury trial began, the state deleted the prior convictions from the indictment...

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