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WINBERRY v. STATE

No. 10189.

542 S.W.2d 368 (1976)

Walter Eugene WINBERRY, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

October 1, 1976.

Attorney(s) appearing for the Case

L. Dwayne Hackworth, Piedmont, for movant-appellant.

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

Before BILLINGS, C. J., and STONE and TITUS, JJ.

BILLINGS, Chief Judge.

Walter Eugene Winberry filed a Rule 27.26, V.A.M.R., motion to vacate his 15-year prison sentence. The sentence followed his 1972 plea of guilty to the charge of felonious assault with intent to kill with malice aforethought [§ 559.180, RSMo 1969]. His motion alleged the sentence exceeded that authorized by law, he was denied the services of a private psychiatrist at state expense, and his counsel was ineffective for various stated reasons...

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