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DUKE v. STATE

No. 42496.

608 S.W.2d 464 (1980)

Robert Tyrone DUKE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied November 14, 1980.

Application to Transfer Denied January 13, 1981.

Attorney(s) appearing for the Case

Howard E. McNier, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 14, 1980.

REINHARD, Judge.

Movant appeals from the denial, after an evidentiary hearing, of his Rule 27.26 motion. We affirm.

Here, movant was convicted of assault with intent to maim with malice aforethought, § 559.180, RSMo 1969.1 Movant contends, however, that because the term "malice" rather than "malice aforethought" was used in certain stages...

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