BURGIN v. STATE

No. KCD 26813.

522 S.W.2d 159 (1975)

George BURGIN, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

March 31, 1975.


Attorney(s) appearing for the Case

Willard B. Bunch, Public Defender, Douglas N. Merritt, Asst. Public Defender, Kansas City, for appellant.

John C. Danforth, Atty. Gen., Jefferson City, Charles B. Blackmar, Sp. Asst. Atty. Gen., St. Louis, for respondent.

Before WASSERSTROM, P. J., and SHANGLER and DIXON, JJ.


DIXON, Judge.

Movant pleaded guilty to a charge of assault with intent to kill with malice and was sentenced to fifteen years imprisonment. He filed this motion under Rule 27.26, V.A.M.R., to vacate that sentence. The court below denied relief without holding an evidentiary hearing. The single issue presented on this record is the propriety of the denial of the evidentiary hearing, and upon that issue, the cause must be reversed.

At the time the movant pleaded...

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