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VanDYKE v. STATE

No. KCD 26614.

522 S.W.2d 101 (1975)

Albert Roy VanDYKE, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

March 31, 1975.

Attorney(s) appearing for the Case

Don Chapman, Jr., Chapman & Chapman, Chillicothe, for movant-appellant.

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

Before WASSERSTROM, P. J., and SHANGLER and DIXON, JJ.

DIXON, Judge.

Albert VanDyke pleaded guilty to a charge of second degree murder and was sentenced to life imprisonment. VanDyke filed this motion to vacate that sentence under Rule 27.26, V.A.M.R. The trial court denied the movant relief.

In 1951 the movant was indicted in Chillicothe, Missouri, for the murder of his grandmother. He was incarcerated in Livingston County, Missouri, on June 23, 1951, after he had been apprehended in and returned from Denver...

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