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TUCKER v. STATE

No. 57005.

481 S.W.2d 10 (1972)

Donald Joe TUCKER, Movant-Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

June 12, 1972.

Attorney(s) appearing for the Case

Donald W. Jones, Springfield, Court Appointed Attorney for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, for respondent.

HENRY I. EAGER, Special Commissioner.

This is an appeal from an order overruling a motion filed under Rule 27.26 V.A.M.R., to vacate a criminal conviction. Defendant was found guilty on October 11, 1967, of stealing over $50, and a sentence of five years was imposed. The evidence in the original trial was that he threatened the night engineer at a Springfield packing company with a pistol, locked him in a truck and, apparently with an accomplice, looted the safe of...

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