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STATE EX. REL. SMITH v. TILLMAN

Nos. 62681, 63015.

623 S.W.2d 242 (1981)

STATE of Missouri ex rel. Richard SMITH, Appellant, v. Honorable Daniel TILLMAN, Judge, Circuit Court of the City of St. Louis, Respondent.

Supreme Court of Missouri, En Banc.

October 13, 1981.

Attorney(s) appearing for the Case

Rory Ellinger, Hannibal, for respondent.

John P. Dockery, Jr., Asst. Circuit Atty., St. Louis, John Ashcroft, Atty. Gen., Jay D.

Haden, Asst. Atty. Gen., Jefferson City, for appellant.

BARDGETT, Judge.

There are two cases pending in this Court involving the same issue. One is Richard Smith, appellant, v. Honorable Daniel Tillman, Judge, respondent, which is more accurately styled, Richard Smith, appellant, v. State of Missouri, respondent, and is cause No. 63015. It is the appeal from the denial of appellant's 27.26 motion. The other case is Richard Smith, petitioner, v. Honorable Daniel Tillman, Judge, respondent, cause No...

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