COOK v. STATE

No. 37158.

543 S.W.2d 309 (1976)

Garland Loy COOK, Defendant-Appellant, v. STATE of Missouri, Plaintiff-Respondent.

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

Motion for Rehearing and for Transfer Denied November 12, 1976.

Application to Transfer Denied December 13, 1976.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


Motion for Rehearing and for Transfer to Supreme Court Denied November 12, 1976.

DOWD, Judge.

The issue in this case concerns whether the trial court erred in denying appellant's 27.26 motion to vacate judgment and sentence without an evidentiary hearing. We have concluded there was no error and accordingly affirm the judgment below.

Appellant Garland Cook was charged with murder in the second degree but was convicted by a jury of manslaughter and...

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