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SMITH v. STATE

No. 49731.

698 S.W.2d 615 (1985)

Jesse SMITH, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

October 1, 1985.

Attorney(s) appearing for the Case

Dorothy Hirzy, St. Louis, for appellant.

William L. Webster, Atty. Gen., Victorine R. Mahon, Asst. Atty. Gen., Jefferson City, for respondent.

CRIST, Judge.

Movant appeals the denial, without an evidentiary hearing, of his Rule 27.26 motion. We reverse and remand, with leave for movant to file an amended Rule 27.26 motion.

After a jury trial, movant was convicted of murder in the second degree, and sentenced to 25 years' imprisonment on May 15, 1980. This conviction was affirmed by this court on September 28, 1982. State v. Smith, 641 S.W.2d 463 (Mo.App...

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