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COVINGTON v. STATE

No. 11374.

600 S.W.2d 186 (1980)

Tommie Lee COVINGTON, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and for Transfer Denied June 10, 1980.

Application to Transfer Denied July 15, 1980.

Attorney(s) appearing for the Case

Blair Buckley, Jr., Caruthersville, for movant-appellant.

John D. Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for respondent.

PREWITT, Judge.

This is a proceeding for post-conviction relief under Rule 27.26, V.A.M.R. Appellant was charged with first degree murder and convicted of second degree murder. That conviction was affirmed in State v. Covington, 559 S.W.2d 78 (Mo.App.1977). Appellant then filed a motion to set aside his conviction and vacate the sentence. The judge who presided at the previous trial was disqualified and testified at the hearing...

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