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McCREARY v. STATE

No. 36999.

541 S.W.2d 85 (1976)

Thomas McCREARY, Appellant, v. STATE of Missouri, Respondent.

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

August 31, 1976.

Attorney(s) appearing for the Case

J. Martin Hadican, Clayton, for appellant.

John C. Danforth, Atty. Gen., W. Mitchell Elliott, Asst. Atty. Gen., Jefferson City, for respondent.

ALDEN A. STOCKARD, Special Judge.

Thomas McCreary has appealed from the order of Circuit Court of the City of St. Louis dismissing with prejudice his motion filed pursuant to Rule 27.26. We reverse and remand with directions.

Appellant was convicted on June 8, 1972, on three counts of assault with intent to kill with malice, and was sentenced to imprisonment for a term of twenty years for each offense, the sentences to be served concurrently. The judgment...

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