DAVIS v. STATE

No. 44603.

651 S.W.2d 497 (1982)

Lionel DAVIS, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 15, 1982.

Application to Transfer Denied June 30, 1983.


Attorney(s) appearing for the Case

James C. Jones, III, St. Louis, for movant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, George Peach, Circuit Atty., St. Louis, for respondent.


GUNN, Judge.

There are three issues raised in this Rule 27.26 proceeding to set aside movant's pleas of guilty to first degree murder and second degree assault: (1) whether, after initially being indicted for capital murder, movant may be convicted of first degree murder under substitute information; (2) whether movant was entitled to a preliminary hearing on the substitute information; (3) whether movant's conviction was invalid under the law existing at the time...

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