McCullough v. State

This is the second appeal by appellant from the denial by the Circuit Court of Phelps County of his post-conviction motion [Rule 27.26, V.A.M.R.] to vacate the three year sentence he is serving for possession of mescaline. We affirm.

In the original appeal from the judgment of the trial court denying relief [State v. McCullough, 493 S.W.2d 353 (Mo.App.1973)] we reversed and remanded because of the failure of the lower court to make the required findings of fact and conclusions of law. Rule 27.26 (i).

On remand the trial court conducted a further evidentiary hearing on appellant’s charge of…