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DURHAM v. STATE

No. 36146.

538 S.W.2d 881 (1975)

John Hilary DURHAM, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing or Transfer Denied December 10, 1975.

Attorney(s) appearing for the Case

Wion, Burke & Boll, Bernhardt W. Klippel, Clayton, for movant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Richard E. Vodra, Scott A. Raisher, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., J. Paul Allred, St. Louis, for respondent.

Motion for Rehearing or Transfer to Supreme Court Denied December 10, 1975.

RENDLEN, Judge.

Appeal from an order denying appellant's Rule 27.261 motion to vacate judgment of conviction entered on a guilty verdict of statutory rape and to set aside the thirty-five year sentence imposed under the provisions of the Habitual Criminal Act, § 556.280, RSMo 1959, V.A.M.S. Appellant contends: (1) he was subjected to double jeopardy...

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