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WEIR v. STATE

No. 61330.

589 S.W.2d 256 (1979)

Franklin David WEIR, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

November 14, 1979.

Attorney(s) appearing for the Case

Michael J. Mann, Kansas City, for appellant.

John Ashcroft, Atty. Gen., M. Hillel Finkelstein, Asst. Atty. Gen., Jefferson City, for respondent.

RENDLEN, Judge.

Appellant, whose kidnapping conviction was affirmed in State v. Weir, 506 S.W.2d 437 (Mo.1974), seeks now to vacate the 10 year sentence through his Rule 27.26 motion. After an extensive evidentiary hearing the court denied appellant's motion and in this appeal he contends the court (1) erroneously found defendant was not twice put in jeopardy for the same offense; (2) improperly approved the trial court's...

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