THOMPSON v. STATE

No. 10716.

555 S.W.2d 675 (1977)

Douglas W. THOMPSON, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

August 29, 1977.


Attorney(s) appearing for the Case

George R. Wilhoit, Jr., Hyde, Purcell, Wilhoit, Edmundson & Merrell, Poplar Bluff, for movant-appellant.

John D. Ashcroft, Atty. Gen., Paul R. Otto, Asst. Atty. Gen., Jefferson City, for respondent.


BILLINGS, Chief Judge.

Appellant Douglas W. Thompson's motion to vacate sentence and judgment entered in 1961 for first degree murder was denied by the Circuit Court of Butler County, Missouri. Three days later a notice of appeal was lodged in the clerk's office but without payment of the required docket fee or an order of court waiving the same.

Rule 81.04, V.A.M.R., provides: "No. . . appeal shall be effective unless the notice of appeal shall be filed not...

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