CLARK v. STATE

No. 57465.

497 S.W.2d 170 (1973)

Phillip Odell CLARK, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No 2.

July 16, 1973.


Attorney(s) appearing for the Case

Kenneth L. Waldron, Jackson, for movant-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City for respondent.


HOUSER, Commissioner.

Phillip Odell Clark appealed prior to January 1, 1972 from an order overruling his Rule 27.26, V.A.M.R., motion to vacate a sentence of life imprisonment entered upon a plea of guilty to a charge of first degree murder.

Appellant's first point is that the circuit court erred in not vacating the sentence because at the time of the preliminary hearing appellant was denied due process of law in that the magistrate judge refused to hold an...

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