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STATE v. GAGNE

No. 58853.

531 S.W.2d 264 (1975)

STATE ex rel. Franklin Dale GARRETT, Petitioner, v. James GAGNE, Director of Municipal Correctional Institution, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 12, 1976.

Attorney(s) appearing for the Case

James L. Muller and W. J. Dittmeier, Legal Aid and Defender Society, Kansas City, for petitioner.

James Cleary, Jr., Aaron A. Wilson and Louis W. Benecke, Kansas City, for respondent.

MORGAN, Judge.

In his petition for a writ of habeas corpus, petitioner alleged that he was being unlawfully restrained of his liberty pursuant to an order of execution and commitment under a judgment of the Municipal Court of Kansas City. The petition was sustained and the writ ordered to issue; the return of respondent was filed; and, after the court determined that "issues of fact" did exist, a Master was appointed to...

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