SMITH v. STATE

No. 55805.

467 S.W.2d 908 (1971)

Benjamin Jeal SMITH, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

June 14, 1971.


Attorney(s) appearing for the Case

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

John P. Dockery, St. Louis, for appellant.


WELBORN, Commissioner.

Appellant, Benjamin Jeal Smith, filed motion under Supreme Court Rule 27.26, V.A.M.R., in the St. Louis Circuit Court. Motion alleged that he had been convicted in that court of second degree murder on February 27, 1963 and sentenced to fifteen years' imprisonment; that sentence had been affirmed on appeal (See State v. Smith, Mo.Sup., 384 S.W.2d 516.); that after serving approximately five years and nine...

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