McCARTHY v. STATE

No. 34964.

502 S.W.2d 397 (1973)

Lawrence Joseph McCARTHY, Plaintiff-Appellant, v. STATE of Missouri, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division 1.

Motion for Rehearing or to Transfer Denied December 7, 1973.


Attorney(s) appearing for the Case

S. Gerald Miller, Asst. Public Defender, Clayton, for plaintiff-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Mark D. Mittleman, Asst. Attys. Gen., Jefferson City, Gene McNary, Noel L. Robyn, Clayton, for defendant-respondent.


Motion for Rehearing or to Transfer to Court En Banc or to Transfer to Supreme Court Denied December 7, 1973.

SIMEONE, Judge.

This is an appeal from a judgment and order of the Circuit Court of St. Louis County overruling movant-appellant's motion pursuant to Rule 27.26, V.A.M.R. to vacate a conviction and sentence for burglary in the second degree and stealing. The trial court, after a thorough examination of the previous record of the trial and after a lengthy...

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