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  5. 641 S.W.2d 132 (1982)
 

LANE v. STATE

Nos. WD32226, WD32635.

641 S.W.2d 132 (1982)

Bobby LANE, Respondent-Appellant, v. STATE of Missouri, Appellant-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied October 5, 1982.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for appellant-respondent.

Bruce W. Simon, Kansas City, for respondent-appellant.

Before KENNEDY, P.J., and WASSERSTROM and MANFORD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied October 5, 1982.

WASSERSTROM, Judge.

Lane filed the present proceeding under Rule 27.26 to set aside his conviction and sentence to life imprisonment for first degree murder. The trial court sustained the motion and ordered a new trial. The state appeals from the order to the extent that it granted any relief. Lane appeals on the ground that the order should have granted full discharge...

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