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GILMORE v. STATE

No. 50473.

710 S.W.2d 355 (1986)

James Newton GILMORE, Movant-Appellant, v. STATE of Missouri, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied April 29, 1986.

Application to Transfer Denied June 17, 1986.

Attorney(s) appearing for the Case

Lenzie L. Leftridge, Flat River, for movant-appellant.

John Munson Morris, Stephen David Hawke, Asst. Attys. Gen., Jefferson City, Herbert A. Kasten, Ste. Genevieve, for defendant-respondent.

KAROHL, Presiding Judge.

Movant under Rule 27.26, James Newton Gilmore, appeals summary judgment in favor of respondent, State of Missouri. The trial court explained its judgment in findings of fact and conclusions of law.

The court found that movant had been charged with five counts of receiving stolen property, § 570.080 RSMo 1978, and one count of possessing burglar's tools, § 569.180 RSMo 1978. After waiving a jury, movant was tried and found...

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