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TURNBOUGH v. STATE

No. 60593.

574 S.W.2d 400 (1978)

Gerald TURNBOUGH, Jr., Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

December 18, 1978.

Attorney(s) appearing for the Case

Richard L. Geissal, Jr., James F. Booth, St. Louis, for appellant.

John D. Ashcroft, Atty. Gen., Gregory W. Schroeder, Asst. Atty. Gen., Jefferson City, for respondent.

RENDLEN, Judge.

This appeal is from the dismissal of a second motion to vacate sentence under Rule 27.26,1 alleging as its principal ground, denial of due process in appellant's criminal trial by the erroneous admission of a prior invalid conviction which improperly resulted in the prosecution and sentencing of appellant under the second offender statute. Appellant contends this issue had not...

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