SWEAZEA v. STATE

No. 58604.

515 S.W.2d 499 (1974)

Milburn John SWEAZEA, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

November 12, 1974.


Attorney(s) appearing for the Case

William J. Shaw, Public Defender, Melvin Franke, Asst. Public-Defender, Twenty-First Judicial Circuit, Clayton, for movant-appellant.

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


HOLMAN, Justice.

Movant, Milburn John Sweazea, (hereinafter referred to as defendant) appealed to the St. Louis District of the Court of Appeals from a judgment overruling his motion to vacate filed under Rule 27.26, V.A.M.R. That court adopted an opinion which affirmed the judgment. Upon defendant's application we ordered the case transferred and it will be determined here the same as on original appeal. We affirm.

In 1969 defendant was tried and convicted...

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