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ATKINS v. STATE

No. 45511.

652 S.W.2d 234 (1983)

David ATKINS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

April 26, 1983.

Attorney(s) appearing for the Case

Mark D. Sadow, Clayton, for appellant.

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

CRIST, Judge.

Movant appeals from an adverse judgment on his Rule 27.26 motion after an evidentiary hearing. We affirm.

Movant was convicted of second degree murder in 1971. His conviction was affirmed in State v. Atkins, 494 S.W.2d 317 (Mo.1973).

Movant asserts error in his original trial because a witness gave hearsay testimony which was alleged to be more than mere trial error. He believes this hearsay...

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