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PEELER v. STATE

Nos. 53136, 53179.

750 S.W.2d 687 (1988)

Samuel PEELER and Dennis Peeler, Appellants, v. STATE of Missouri, Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied June 14, 1988.

Application to Transfer Denied July 26, 1988.

Attorney(s) appearing for the Case

Holly G. Simons, Asst. Public Defender, Dave Hemingway, St. Louis, for appellants.

William L. Webster, Atty. Gen., Karen A. King, Asst. Atty. Gen., Jefferson City, for respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 14, 1988.

PUDLOWSKI, Judge.

Movants appeal the denial of their Rule 27.26 motion after an evidentiary hearing. We reverse the conviction of Samuel Peeler and remand for a new trial.

Movants, Samuel and Dennis Peeler, father and son, were convicted on November 3, 1978 after a joint jury trial in the Circuit Court of the City of St. Louis of second degree murder and common assault. Movants...

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