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O'NEIL v. STATE

No. 57595.

502 S.W.2d 342 (1973)

David O'NEIL, Jr., Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 2.

December 10, 1973.

Attorney(s) appearing for the Case

Charles T. Smallwood, Rolla, for appellant.

John C. Danforth, Atty. Gen., Daniel Parker Card, II, Asst. Atty. Gen., Jefferson City, for respondent.

STOCKARD, Commissioner.

David O'Neil, Jr. entered a plea of guilty to operating a confidence game in violation of § 561.450 RSMo 1969, V.A.M. S., and was sentenced to imprisonment for a term of five years. He thereafter filed a motion pursuant to Rules 27.25 and 27.26 V.A.M.R. to set aside the judgment and sentence and to be permitted to withdraw his plea of guilty. By notice filed prior to January 1, 1972, he has appealed from the judgment overruling his motion...

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