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STOUT v. STATE

No. KCD 28267.

543 S.W.2d 797 (1976)

Joe Ray STOUT, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied November 29, 1976.

Attorney(s) appearing for the Case

Thomas M. Larson, Public Defender, Lee M. Nation, Asst. Public Defender, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Christopher R. Brewster, Asst. Atty. Gen., Jefferson City, for respondent.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

TURNAGE, Presiding Judge.

Joe Ray Stout filed a pro se motion pursuant to Rule 27.26. This was followed by an amended motion filed by his appointed counsel. The court disposed of the pro se motion by finding it was conclusionary in nature and raised no factual issues that could not be determined and adjudicated from the records and files of the court. The court found an evidentiary hearing on such petition was not required and further found from a review of the motion...

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