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FOSTER v. STATE

No. 34976.

502 S.W.2d 436 (1973)

Rico Leroy FOSTER, Movant, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, St. Louis District.

Motion for Rehearing or Transfer Denied December 3, 1973.

Application to Transfer Denied January 14, 1974.

Attorney(s) appearing for the Case

Charles D. Kitchin, Public Defender, James C. Jones, III, Asst. Public Defender, St. Louis, for appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, J. Brendan Ryan, Circuit Atty., Thomas J. Kavanaugh, Asst. Circuit Atty., St. Louis, for respondent.

CLEMENS, Acting Presiding Judge.

Movant Rico Leroy Foster appeals from an order of the circuit court denying his motion to vacate judgment and sentence under Rule 27.26, V.A.M.R. Foster contends he was denied effective assistance of counsel because of failure to investigate his case.

Foster had been sentenced in 1965 to 20 years imprisonment on his plea of guilty to second-degree murder. At the evidentiary hearing on his motion Foster testified: His wife had...

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