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BERRY v. STATE

Nos. 11454, 11455.

600 S.W.2d 184 (1980)

Melvin BERRY, Movant-Appellant, v. STATE of Missouri, Respondent. Bobby Dale BERRY, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motions for Rehearing or Transfer Denied June 2, 1980.

Application to Transfer Denied July 15, 1980.

Attorney(s) appearing for the Case

David L. Smith, Cantwell, Allman & Smith, Branson, for movants-appellants.

John D. Ashcroft, Atty. Gen., Mary C. P. Pincus, Asst. Atty. Gen., Jefferson City, for respondent.

BILLINGS, Presiding Judge.

The Berry brothers sought postconviction relief under Rule 27.26, V.A.M.R., and following an evidentiary hearing the court entered judgments denying relief. We affirm.

The Honorable George Henry, Special Judge, presided at the evidentiary hearing and made and entered the following findings of fact and conclusions of law:

"[Movants] were tried on February 21, 1978, before a Taney County jury. The jury found them guilty of...

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