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TOLER v. WYRICK

No. 77-1345.

563 F.2d 372 (1977)

Earl William TOLER, Jr., Appellant, v. Donald W. WYRICK, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 12, 1977.

Attorney(s) appearing for the Case

Paul E. Corning, Jr., Clayton, Mo., on brief for appellant.

Paul R. Otto, Asst. Atty. Gen., Jefferson City, Mo., for appellee; John D. Ashcroft, Atty. Gen., and Robert Presson, Asst. Atty. Gen., Jefferson City, Mo., on brief.

Before GIBSON, Chief Judge, HEANEY, Circuit Judge, and ALSOP, District Judge.

HEANEY, Circuit Judge.

Earl William Toler, Jr., appeals from an order of the United States District Court for the Eastern District of Missouri, dismissing his action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Toler was charged in the Circuit Court of St. Louis County, Missouri, with two counts of robbery in the first degree by means of a dangerous and deadly weapon. He was further charged under...

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