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MARTIN v. STATE

No. KCD 26681.

505 S.W.2d 131 (1973)

Frederick James MARTIN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied January 4, 1974.

Application to Transfer Denied March 11, 1974.

Attorney(s) appearing for the Case

Russell D. Jacobson, Morris, Foust, Moudy & Beckett, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.

Before DIXON, C.J., and PRITCHARD and SOMERVILLE, JJ.

PER CURIAM.

Movant was convicted of robbery in the first degree, Section 560.120 RSMo 1969, V.A.M.S., and appealed to the Missouri Supreme Court from the trial court's denial of his motion pursuant to Rule 27.26, V.A.M.R. The Supreme Court thereafter transferred the cause to this court for lack of jurisdiction. Missouri Constitution, Article V, Section 3, V.A.M.S.

At the time movant was sentenced, Section 546.615(2), RSMo 1969, V.A.M.S., provided that the...

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