Supreme Court of Missouri March 12, 1973, 57486 (Booth v. State)

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HOLMAN, Presiding Judge.

Movant (hereinafter referred to as defendant) has appealed from an order of the circuit court overruling his motion to vacate filed pursuant to Rule 27.26, V.A.M.R. We have jurisdiction since the appeal was taken prior to January 1, 1972. We affirm.

Defendant was convicted of murder in the second degree in the killing of James Bailey.