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GAITAN v. STATE

No. 55725.

464 S.W.2d 33 (1971)

Benton Benito GAITAN, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

March 8, 1971.

Attorney(s) appearing for the Case

Robert G. Duncan, Kansas City, for movant-appellant.

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

STOCKARD, Commissioner.

This is an appeal from denial, after an evidentiary hearing, of a motion pursuant to Criminal Rule 27.26, V.A.M.R., to vacate and set aside a judgment of conviction and sentence to imprisonment for life for the offense of robbery in the first degree with a dangerous and deadly weapon. Upon appeal that judgment was affirmed. State v. Gaitan, Mo., 442 S.W.2d 530.

In the motion appellant alleged several...

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