Parcel v. State

FLANIGAN, Judge.

Movant Ralph Parcel appeals from a denial, without evidentiary hearing, of his Rule 27.261 motion to set aside a judgment and sentence for felony murder (§ 559.010 RSMo 1969). This court affirmed the conviction in State v. Parcel, 546 S.W.2d 571 (Mo.App.1977).

On May 24, 1979, movant filed a pro se motion. Although this motion was submitted on the form appearing in the appendix to Rule 27.26, and although Rule 27.-26(c) requires the motion to be submitted “on a form substantially in compliance with” that form, this motion did not comply with the instructions on the form.…