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JOHNSON v. STATE

No. 50090.

701 S.W.2d 560 (1985)

Theodore Roosevelt JOHNSON, Jr. Movant-Appellant, v. STATE of Missouri, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied December 10, 1985.

Application to Transfer Denied January 15, 1986.

Attorney(s) appearing for the Case

William J. Shaw, Public Defender, Maria Vitale Perron, Asst. Public Defender, Clayton, for appellant.

John Munson Morris, Asst. Atty. Gen., Jefferson City, for respondent.

KAROHL, Presiding Judge.

Movant, Theodore Roosevelt Johnson, Jr. appeals from the denial of his second Rule 27.26 motion. We affirm.

On February 1, 1973, movant was convicted by a jury on two counts of murder in the first degree in violation of § 559.010 RSMo 1969 (current version at § 565.003 RSMo 1978), two counts of assault with intent to kill with malice in violation of § 559.180 RSMo 1969 (current version at § 565.050 RSMo 1978), and...

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