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DUNCAN v. STATE

No. 35944.

520 S.W.2d 123 (1975)

Napoleon Jerome DUNCAN, Movant, Appellant, v. STATE of Missouri, Respondent.

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

Motion for Rehearing or Transfer Denied March 11, 1975.

Application to Transfer Denied April 14, 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 III, Asst. Atty. Gen., Jefferson City, K. Brendan Ryan, Circuit Atty., William C. Frain, Jr., Asst. Circuit Atty., St. Louis, for respondent.

WEIER, Judge.

This is an appeal from the denial of a motion to vacate a judgment pursuant to Rule 27.26, V.A.M.R. Movant had been convicted by a jury of second degree murder and was sentenced to ten years in the Missouri Department of Corrections. The judgment was affirmed on appeal to the Missouri Supreme Court. State v. Duncan, 467 S.W.2d 866 (Mo.1971).

Movant first contends that the circuit court erred in denying his...

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