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MACE v. STATE

No. 54627.

458 S.W.2d 340 (1970)

Doyle Howard MACE, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

October 12, 1970.

Attorney(s) appearing for the Case

Warren S. Stafford, Springfield, for appellant.

John C. Danforth, Atty. Gen., Dale L. Rollings, Asst. Atty. Gen., Jefferson City, for respondent.

LAURANCE M. HYDE, Special Commissioner.

Appellant was convicted of grand stealing, affirmed on appeal, State v. Mace, Mo.Sup., 429 S.W.2d 734. His motion to vacate his conviction, filed under Rule 27.26, V.A.M.R., was overruled in the trial court and appealed here.

The charge on which he was convicted was "that on October 1, 1965, [appellant] stole one `Sony' brand tape recorder and

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