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HULSTINE v. STATE

No. 56392.

472 S.W.2d 422 (1971)

Howard Herley HULSTINE, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

November 8, 1971.

Attorney(s) appearing for the Case

William C. Bernhardt, DeSoto, for appellant.

John C. Danforth, Atty. Gen., Richard L. Wieler, 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.

Howard Herley Hulstine, with prior conviction for burglary, second degree, was charged by information for the felonious assault with malice aforethought of Joseph Wirtes on October 9, 1968, by shooting him with a 22-caliber revolver. On October...

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