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VOEGTLIN v. STATE

No. 37894.

546 S.W.2d 40 (1977)

Ralph L. VOEGTLIN, Movant-Appellant, v. STATE of Missouri, Respondent.

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

January 4, 1977.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, James M. Smith, Asst. Public Defender, St. Louis, for movant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., John D. Chancellor, Asst. Circuit Atty., Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.

DOWD, Judge.

Appellant, Ralph L. Voegtlin, appeals the denial of his Rule 27.26 motion without an evidentiary hearing. Voegtlin, who was found guilty by a jury of Burglary Second Degree and sentenced to ten years imprisonment, alleges the trial court erred in denying him an evidentiary hearing because perjured testimony was used at his trial to prove a material element of the crime.

Voegtlin alleges that the policeman...

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