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MONTGOMERY v. STATE

Nos. 36308, 36134.

529 S.W.2d 8 (1975)

Samuel MONTGOMERY, Movant, Appellant, v. STATE of Missouri, Respondent.

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

Motion for Rehearing or Transfer Denied October 22, 1975.

Attorney(s) appearing for the Case

Charles D. Kitchin, Public Defender, James C. Jones, Asst. Public Defender, St. Louis, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Daniel J. Murphy, Asst. Circuit Atty., St. Louis, for respondent.

SMITH, Chief Judge.

Samuel Montgomery appeals from the action of the trial court in denying two postconviction motions of movant. Montgomery is currently serving a 35 year term for assault with intent to kill with malice imposed following jury trial in 1961. The punishment was assessed by the trial court under the Second Offender Act (Sec. 556.280, R.S.Mo.1969), following the court's finding that Montgomery had previously been convicted in 1953 of Murder Second Degree...

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