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MANNING v. STATE

No. 51039.

720 S.W.2d 758 (1986)

Gregory MANNING, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied January 15, 1987.

Application to Transfer Denied February 17, 1987.

Attorney(s) appearing for the Case

Toby H. Hollander, St. Louis, for appellant.

William L. Webster, Atty. Gen., John Munson Morris, Carrie Francke, Asst. Attys. Gen. Jefferson City, for respondent.

CRIST, Judge.

We affirm the denial of movant's Rule 27.26 motion without an evidentiary hearing.

Movant was convicted of second degree murder by aid of his then wife's testimony. The case was remanded for a new trial because of the use by the state of movant's wife's testimony. State v. Manning, 657 S.W.2d 301 (Mo.App.1983). Movant and his wife were divorced; movant was retried and was again convicted of second degree...

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