KITCHELL v. STATE

No. 41703.

607 S.W.2d 816 (1980)

John Everett KITCHELL, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

October 14, 1980.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Frank R. Fabbri, III, Asst. Public Defender, St. Louis, for appellant.

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


REINHARD, Judge.

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

Here, movant initially was found guilty by a jury of the offense of second degree murder. The court reporter died before a transcript was prepared and the supreme court ordered a new trial because movant was denied a meaningful appeal without a transcript. The Legal Aid Society of St. Louis was appointed to represent movant at his new trial....

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