Wraggs v. State

BARDGETT, Judge.

On application of respondent State of Missouri, this cause was transferred by this court from the Missouri court of appeals, St. Louis district, after opinion in that court, pursuant to art. V, sec. 10, Mo.Const., as amended 1970, and Rule 83.03. The reason we transferred the case was to consider respondent’s contention that the court of appeals erred in its interpretation of United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972), in light of Peterson v. United States, 493 F.2d 478 (8th Cir. 1974), Ryan v. United States, 485 F.2d 295 (8th Cir. 1973), and…