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STATE v. GRAY

Nos. 49313, 52502, 57076.

478 S.W.2d 654 (1972)

STATE of Missouri, Respondent, v. Dan Westley GRAY, Appellant.

Supreme Court of Missouri, Division No. 1.

April 10, 1972.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Stephen D. Hoyne, Asst. Atty. Gen., Jefferson City, for respondent.

David E. Blanton, Sikeston, court appointed attorney for defendant-appellant.

HIGGINS, Commissioner.

Dan Westley Gray, charged with murder, first degree, was convicted of murder, second degree, by a jury which assessed his punishment at 60 years' imprisonment. Sentence and judgment were rendered accordingly. §§ 559.010, 559.020, 559.030, V. A.M.S. His appeal from such judgment and sentence, No. 49,313, is consolidated with his appeal from denial, after evidentiary hearing, of motion under Criminal Rule 27.26, V.A.M.R., to vacate and...

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