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STERLING v. STATE

No. 29993.

579 S.W.2d 712 (1979)

Johnnie STERLING, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 3, 1979.

Attorney(s) appearing for the Case

Robert N. Adams, Kansas City, for appellant.

John D. Ashcroft, Atty. Gen., Philip M. Koppe, Asst. Atty. Gen., Jefferson City, for respondent.

Before HIGGINS, Special Judge, Presiding, PRITCHARD, J., WELBORN, Special Judge.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 3, 1979.

PER CURIAM:

Appeal from denial of relief, without a hearing, in proceeding under Rule 27.26.

In June, 1974, Johnnie Sterling was charged by a three-count indictment in the Jackson County Circuit Court with rape, robbery in the first degree and assault with intent to do great bodily harm with malice aforethought. Upon jury-waived trial, the state elected to proceed on the assault...

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