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MORSE v. STATE

No. 39587.

591 S.W.2d 726 (1979)

Walter Eugene MORSE, Movant, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied December 14, 1979.

Attorney(s) appearing for the Case

Richard L. Parker, Asst. Public Defender, 25th Judicial Circuit, Vienna, for movant, appellant.

John Ashcroft, Atty. Gen., James R. Cumbee, Asst. Atty. Gen., Jefferson City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 14, 1979.

CLEMENS, Senior Judge.

Movant Walter E. Morse, hereafter "defendant," having been found guilty of burglary and stealing, filed a Rule 27.26 motion to vacate judgment. The trial court summarily denied the motion and defendant has appealed. We reverse and remand.

The crucial ground of defendant's motion to vacate is that he was denied assistance of counsel to file a motion...

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