Wing v. State

BILLINGS, Chief Judge.

Appellant Herman Eugene Wing, a prisoner in the Oklahoma State Penitentiary, initiated this Rule 27.26, V.A.M.R., proceeding seeking post-conviction relief from a Missouri sentence which is pending. The trial court, without conducting a hearing, made findings of fact and conclusions of law based upon appellant’s motion, the files and transcript of the Missouri trial, and the decision of the Supreme Court in State v. Wing, 455 S.W.2d 457 (Mo.1970), cert. denied 400 U.S. 1009, 91 S.Ct. 566, 27 L.Ed.2d 621 (1971). It was the lower court’s judgment that appellant was not…