Preston v. State

FLANIGAN, Judge.

Movant Preston appeals from a denial, without evidentiary hearing, of his Rule 27.261 motion to set aside a judgment and sentence for sodomy. The jury trial, which took place in Greene County and resulted in the conviction, was completed on September 23, 1977. The conviction was affirmed by this court. State v. Preston, 583 S.W.2d 577 (Mo.App.1979).

Movant’s first point is that the trial court erred in “summarily dismissing” Paragraph *8938(a) of movant’s original motion and Paragraph 8(a) of movant’s amended motion concerning defective jury trial selection in that an evidentiary…