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ROGERS v. STATE

No. 10637.

564 S.W.2d 576 (1978)

Ronald Bruce ROGERS, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Springfield District.

March 30, 1978.

Attorney(s) appearing for the Case

James F. DeNeen, Joplin, for movant-appellant.

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

Before STONE, P. J., and HOGAN and FLANIGAN, JJ.

FLANIGAN, Judge.

Movant Ronald Bruce Rogers appeals from a denial, after evidentiary hearing, of his Rule 27.26 1 motion to set aside a judgment and sentence for murder in the second degree. The slaying took place on July 15, 1976.

The original information charged movant with the offense of capital murder. On the date of the offense the statute defining capital murder was § 559.005 (RSMo Supp. 1975).2

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