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CAIN v. STATE OF MISSOURI

No. 75-1455.

518 F.2d 1180 (1975)

Sherman CAIN, Petitioner-Appellant, v. STATE OF MISSOURI, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

June 26, 1975.

Attorney(s) appearing for the Case

Sherman Cain, Moberly, Mo., for petitioner-appellant.

John C. Danforth, Atty. Gen., Jefferson City, Mo., for respondent-appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.

PER CURIAM.

Appellant was tried and convicted on state narcotics charges in St. Louis Circuit Court, and is presently serving a 10-year sentence at the Missouri Training Center for Men. The conviction was affirmed by the Missouri Court of Appeals, St. Louis Division, in March 1974.

Pursuant to Mo.S.Ct.Rule 27.26, V.A. M.R., appellant brought a motion to vacate his sentence and judgment, which was denied by the St. Louis Circuit Court, without an evidentiary...

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