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STATE v. PETERSON

No. 46017.

518 S.W.2d 1 (1974)

STATE of Missouri, Respondent, v. Gerald PETERSON, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied January 13, 1975.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., William F. Arnet, Asst. Atty. Gen., Jefferson City, for respondent.

William E. Erdrich, Asst. Public Defender, Fifth Judicial Circuit of Mo., St. Joseph, for appellant.

Motion for Rehearing or to Transfer to Court En Banc Denied January 13, 1975.

HOUSER, Commissioner.

On October 14, 1957 this Court on direct appeal affirmed a conviction of Gerald Peterson on a charge of second degree burglary. State v. Peterson, 305 S.W.2d 695 (Mo.1957). At the January Session, 1974 of this Court the judgment of affirmance was set aside under Swenson v. Donnell, 382 F.2d 248

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