DeCLUE v. STATE

No. 40382.

579 S.W.2d 158 (1979)

Louis Edward DeCLUE, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

March 13, 1979.


Attorney(s) appearing for the Case

Robert L. Carr, Potosi, for movant-appellant.

Paul Robert Otto, John M. Morris, III, Richard Thurman, Asst. Attys. Gen., Jefferson City, Albert G. Tindall, Washington County Pros. Atty., Potosi, for respondent.


REINHARD, Presiding Judge.

Movant appeals the circuit court's denial, without an evidentiary hearing, of his Rule 27.26 motion. Previously, movant sustained a jury conviction for the statutory rape of a 10 year old female and was sentenced to ten years confinement. He did not appeal the conviction. On appeal from the denial of his 27.26 motion he contends the court erred in denying him an evidentiary hearing. As ground...

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