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SANDERS v. STATE

No. 10362.

556 S.W.2d 486 (1977)

Leslie Allen SANDERS, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

September 19, 1977.

Attorney(s) appearing for the Case

Robert P. Baker, Sarcoxie, for movant-appellant.

John C. Danforth, Atty. Gen., David L. Baylard, Asst. Atty. Gen., Jefferson City, for respondent.

FLANIGAN, Judge.

Movant Leslie Allen Sanders appeals from a denial, after evidentiary hearing, of his Rule 27.26 V.A.M.R. motion to set aside a judgment and sentence for murder in the second degree. Sanders was one of three persons charged with robbing, kidnapping and murdering James Stemmons. Movant was convicted by a jury of the first degree murder of Stemmons. The verdict was set aside by the trial court on the ground of instruction error. Thereafter, on August...

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