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WHITWORTH v. STATE

No. 42519.

608 S.W.2d 115 (1980)

Harold R. WHITWORTH, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

October 28, 1980.

Attorney(s) appearing for the Case

Ronald E. Pedigo, Public Defender, Farmington, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Jan Bond, Asst. Attys. Gen., Jefferson City, Herbert A. Kasten, Pros. Atty., Ste. Genevieve, for respondent.

REINHARD, Judge.

Movant appeals from a denial of his Rule 27.26 motion without an evidentiary hearing. On appeal, he contends that the court erred in failing to grant him an evidentiary hearing because his Rule 27.26 motion, as amended, raised issues of fact. In his Rule 27.26 motion, movant alleges that his counsel ineffectively assisted him because his attorney failed to explore and explain to him all available defenses. Movant specifically refers to the defense...

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