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McCULLOUGH v. STATE

No. 9580.

507 S.W.2d 428 (1974)

David McCULLOUGH, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

March 14, 1974.

Attorney(s) appearing for the Case

Dan L. Birdsong, Rolla, for movant appellant.

John C. Danforth, Atty. Gen., Robert Presson, Asst. Atty. Gen., Jefferson City, for respondent.

PER CURIAM.

This is the second appeal by appellant from the denial by the Circuit Court of Phelps County of his post-conviction motion [Rule 27.26, V.A.M.R.] to vacate the three year sentence he is serving for possession of mescaline. We affirm.

In the original appeal from the judgment of the trial court denying relief [State v. McCullough, 493 S.W.2d 353 (Mo.App.1973)] we reversed and remanded because of the failure of...

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