TRIPLETT v. WYRICK

No. 76-1512.

549 F.2d 57 (1977)

Leahmon TRIPLETT, Appellant, v. Donald WYRICK, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 4, 1977.


Attorney(s) appearing for the Case

Jonathan Ries, St. Louis, Mo., for appellant.

John C. Danforth (former Atty. Gen.), John D. Ashcroft (current Atty. Gen.), and Philip M. Koppe, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.


PER CURIAM.

Leahmon Triplett appeals from the district court order dismissing without prejudice his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm in part and reverse in part with instructions.

Petitioner was charged in Missouri state court with assault with intent to kill with malice aforethought in violation of Mo.Rev.Stat. § 559.180. After petitioner's first trial ended with a hung jury, he entered a plea of guilty...

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