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NICKENS v. STATE

No. 58023.

506 S.W.2d 381 (1974)

Earl Eugene NICKENS, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

March 11, 1974.

Attorney(s) appearing for the Case

Cupples, Cooper & Haller, Inc., Albert J. Haller, Gary H. Sokolik, Clayton, for movant-appellant.

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

FINCH, Judge.

This is an appeal from a denial of appellant's motion under Rule 27.261 to vacate a judgment and sentence of life imprisonment for murder in the first degree. This appeal was pending in this court on April 9, 1973, the date of our decision in Parks v. State, 492 S.W.2d 746 (Mo. banc 1973), and this case is retained for decision pursuant to our order dated April 9, 1973. We affirm.

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