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JACKSON v. STATE

No. 55836.

465 S.W.2d 642 (1971)

Albert S. JACKSON, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

April 12, 1971.

Attorney(s) appearing for the Case

Francis P. Dorsey, St. Louis, appointed attorney for appellant.

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

HIGGINS, Commissioner.

Appeal from denial, after evidentiary hearing, of motion under Criminal Rule 27.26, V.A.M.R., to vacate and set aside judgment of conviction of assault with intent to kill with malice aforethought.

Albert Smith Jackson, with five prior felony convictions, was indicted for the felonious assault with malice aforethought of Richard Flynn on February 2, 1968, by shooting him with a .22-caliber rifle. At about 11:30 p. m., February 2, 1968...

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