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McGLATHERY v. STATE

No. 55902.

465 S.W.2d 496 (1971)

Robert Eugene McGLATHERY, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

April 12, 1971.

Attorney(s) appearing for the Case

William Aull, III, Lexington, for Robert Eugene McGlathery.

John C. Danforth, Atty. Gen., J. Michael Jarrard, Asst. Atty. Gen., Jefferson City, for respondent.

HOLMAN, Judge.

A jury found Robert Eugene McGlathery guilty of burglary in the second degree and the court, under the provisions of § 556.280,1 fixed his sentence at ten years' imprisonment. Upon appeal this court affirmed. See State v. McGlathery, Mo., 412 S.W.2d 445. On March 4, 1970, movant (hereinafter sometimes referred to as defendant) filed a motion...

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