VIDAURI v. STATE

No. 57797.

515 S.W.2d 562 (1974)

Joseph Manuel VIDAURI, Respondent, v. STATE of Missouri, Appellant.

Supreme Court of Missouri, Division No. 1.

November 12, 1974.


Attorney(s) appearing for the Case

Forriss D. Elliott By Richard A. Fredman, St. Louis, Gary R. Sarachan, Law Student (Eligible pursuant to Missouri Supreme Court Rule 13), for respondent.

John C. Danforth, Atty. Gen., Stephen D. Hoyne, Asst. Atty. Gen., Jefferson City, for appellant.


SEILER, Judge.

Appeal by state from judgment granting relief to movant in proceeding under rule 27.26, V.A.M.R. We affirm.

Joseph Manuel Vidauri was charged by indictment in Cole County, Missouri, with murder of another inmate of the Missouri State Penitentiary, William Lee Donnell, in the riot at that institution on September 22, 1954. Six other prisoners were jointly indicted with defendant. On change of venue to St. Charles County after a severance, Vidauri...

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