SEILER, Judge.
This is an appeal from the denial of a motion to vacate under rule 27.26 V.A.M. R., following an evidentiary hearing. We have jurisdiction, this being a case where notice of appeal was filed prior to the change of jurisdiction which became effective January 1, 1972, and hence we are to retain and decide the case in accordance with provisions to that effect in Sec. 31 of the 1970 amendment to Art. V, Mo.Const., V.A.M.S.
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