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MAYES v. STATE

Nos. 41100, 41101.

589 S.W.2d 637 (1979)

Leroy MAYES, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing or Transfer Denied November 20, 1979.

Application to Transfer Denied December 6, 1979.

Attorney(s) appearing for the Case

Cynthia S. Holms, Sp. Asst. Public Defender, St. Louis, for movant-appellant.

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

CLEMENS, Senior Judge.

Movant Leroy Mayes, hereafter "defendant," has appealed the denial of his Rule 27.26 motion after an evidentiary hearing. Six years after trial defendant sought to vacate his conviction for murder which had been affirmed on appeal. See State v. McKinney and Mayes, 475 S.W.2d 51 (Mo. 1971).

By his amended motion defendant pleaded his retained trial...

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