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McCLAIN v. KITCHEN

Nos. 81-1145, 81-1193.

659 F.2d 870 (1981)

Charles McCLAIN, Appellant, v. Honorable Charles KITCHEN, Judge, Leslie Edwards and George Peach, Appellees. Charles McCLAIN, Appellant, v. Donald WYRICK, Warden; John Ashcroft, Attorney General, State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1981.

Attorney(s) appearing for the Case

F. Terrell Eckert, Jr., St. Louis, Mo., for appellant McClain.

John Ashcroft, Atty. Gen., Steven W. Garrett, Asst. Atty. Gen., Jefferson City, Mo., George Peach, Circuit Atty., Edward J. Bippin, Asst. Circuit Atty., St. Louis, Mo., for appellees.

Cornelius T. Lane, Jr., Gunn, Lane & Devereux, P. C., St. Louis, Mo., for appellee Edwards.

Before LAY, Chief Judge, and HEANEY and ROSS, Circuit Judges.

PER CURIAM.

Charles McClain was convicted of first degree murder in the Circuit Court of the City of St. Louis. The conviction was reversed on appeal by the Missouri Supreme Court. State v. McClain, 498 S.W.2d 798, 800 (Mo.1973). McClain was retried and convicted of first degree murder and forcible rape. He was given consecutive life sentences for the two offenses. The Missouri Court of Appeals affirmed the second conviction...

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