HARKINS v. LAUF

No. 58995.

532 S.W.2d 459 (1976)

Gary HARKINS, Appellant, v. Harry LAUF, Records Officer, Missouri State Penitentiary, Respondent.

Supreme Court of Missouri, En Banc.

February 9, 1976.


Attorney(s) appearing for the Case

Howard McFadden, Public Defender, Jefferson City, for appellant.

John C. Danforth, Atty. Gen. (William F. Arnet, Asst. Atty. Gen.), for respondent.


MORGAN, Judge.

Appellant sought a declaratory judgment that his sentence of twenty-five years for armed robbery commenced on March 28, 1969. After an evidentiary hearing, the trial court held that the sentence commenced on October 4, 1971, and appeal was perfected to the Court of Appeals, Kansas City District. Upon application of respondent, the cause was ordered transferred to this court and we consider the same as on "original appeal." Rule 83.09.

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