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HAYNES v. STATE

No. 38939.

561 S.W.2d 450 (1978)

James Curtis HAYNES, Movant-Appellant, v. STATE of Missouri, Respondent.

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

Motion for Rehearing and/or Transfer Denied February 14, 1978.

Application to Transfer Denied March 13, 1978.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, James B. Ashwell, Robert O'Blennis, Asst. Public Defenders, St. Louis, for movant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, John M. Morris, J. Michael Davis, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., Nels C. Moss, Jr., Asst. Circuit Atty., St. Louis, for respondent.

SMITH, Judge.

Movant appeals from the action of the trial court in denying his motion to set aside judgment and sentence filed pursuant to Rule 27.26. Movant was tried and convicted of murder, first degree, and attempted robbery in 1973 and sentenced to life imprisonment and five years imprisonment. The convictions were affirmed on appeal. State v. Haynes, 510 S.W.2d 423 (Mo.1974).

In his motion Haynes alleged (1...

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