Court of Appeals for the Eighth Circuit February 4, 1977, 76-1512 (Leahmon Triplett v. Donald Wyrick)

PER CURIAM.

Leahmon Triplett appeals from the district court order dismissing without prejudice his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm in part and reverse in part with instructions.

Petitioner was charged in Missouri state court with assault with intent to kill with malice aforethought in violation of Mo.Rev. Stat. § 559.180.