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GREEN v. STATE

No. 57138.

494 S.W.2d 356 (1973)

Marvin GREEN, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied May 14, 1973.

Attorney(s) appearing for the Case

Sloan Richard Wilson, Kansas City, for appellant.

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

HOLMAN, Judge.

Movant (hereinafter referred to as defendant) has appealed from an order of the circuit court, made after an evidentiary hearing, overruling his motion to vacate filed pursuant to S.Ct. Rule 27.26, V.A.M. R.

This appeal was originally heard in Division Two but was subsequently transferred to Court en Banc without any decision by that division.

In April 1969, defendant entered a plea of guilty to a charge of assault with intent

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