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WHITE v. STATE

No. 42273.

606 S.W.2d 783 (1980)

Frederick C. WHITE, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 17, 1980.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, James Porter, Asst. Public Defender, St. Louis, for appellant.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied October 17, 1980.

REINHARD, Judge.

Movant's Rule 27.26 motion was denied without an evidentiary hearing by the circuit court, and he appeals. We affirm.

Movant was convicted of assault with intent to maim with malice aforethought under § 559.180, RSMo 1969. He claims that he was convicted of the lesser offense of felonious assault without malice under § 559.190, RSMo 1969.

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