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MERCER v. STATE

No. 12954.

666 S.W.2d 942 (1984)

George MERCER, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

As Modified March 8, 1984.

Motion For Rehearing or Transfer Denied March 8, 1984.

Application to Transfer Denied April 16, 1984.

Attorney(s) appearing for the Case

James D. McNabb, Asst. Pub. Defender, Springfield, for movant-appellant.

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

HOGAN, Judge.

In this postconviction proceeding pursuant to Rule 27.26, movant George (Tiny) Mercer (defendant) sought to vacate a death sentence imposed upon conviction of capital murder, as defined and denounced by § 565.001, RSMo 1978.1 The trial court denied relief and the defendant has appealed.

The appalling facts of the case need not be recited in detail. The direct appeal was adjudicated by our Supreme Court; that...

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