PERRY v. STATE

No. 39361.

565 S.W.2d 464 (1978)

Charles PERRY, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division One.

April 25, 1978.


Attorney(s) appearing for the Case

O. J. Gibson, Jr., Cape Girardeau, for movant-appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, Bradshaw Smith, Pros. Atty., Cape Girardeau, for respondent.


CLEMENS, Presiding Judge.

Movant Charles Perry (hereafter defendant) pleaded guilty to separate charges of unlawful sale of a firearm and assault without malice. The trial court sentenced him to four years' imprisonment on the weapon charge and a consecutive three-year term on the assault charge. Defendant's Rule 27.26 motion was denied without an evidentiary hearing and this denial is now assigned as error.

Defendant contends the allegations in his motion...

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