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COOK v. STATE

No. 35333.

511 S.W.2d 877 (1974)

Samuel COOK, Movant-Appellant, v. STATE of Missouri, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division No. 1.

Motion for Rehearing or Transfer Denied July 15, 1974.

Attorney(s) appearing for the Case

Charles Kitchin, Public Defender, James C. Jones, David Uthoff, Asst. Public Defenders, St. Louis, for movant-appellant.

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, Daniel J. Murphy, Asst. Circuit Atty., St. Louis, for defendant-respondent.

WEIER, Judge.

Movant, Samuel Cook, appeals from an order of the circuit court of St. Louis overruling his motion to vacate a fifteen year sentence filed pursuant to Rule 27.26, V.A.M.R. Movant presented two grounds for relief: 1) his sentence was in excess of the statutory maximum, and 2) he was denied effective assistance of counsel. Appellant was convicted of assault with intent to do great bodily harm with malice aforethought on December 8, 1969, and under the...

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