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BARTON v. STATE

No. 11118.

586 S.W.2d 819 (1979)

Walter Emel BARTON, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

September 6, 1979.

Attorney(s) appearing for the Case

Thomas J. O'Neil, Lebanon, for movant-appellant.

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

MAUS, Judge.

By his motion under V.A.M.R. Crim. Rule 27.26 appellant, Walter Emel Barton, seeks to set aside a sentence of 20 years for assault with intent to kill with malice aforethought committed upon the female operator of a service station in the vicinity of Camdenton. The sentence was imposed as the result of a jury trial and a verdict of guilty. While the record of the background of the case is sketchy (the trial...

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