Fulsom v. State

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from denial, without evidentiary hearing, of motion under Rule 27.26 to vacate and set aside judgment and sentence to life imprisonment entered upon verdict of guilty on charge of murder, first degree.1 The dispositive question is whether the court should have granted movant’s request for change of judge. Reversed and remanded.

Dennis C. Fulsom filed his motion, pro se, July 13,1977, in form provided by Appendix to Rule 27.26. He alleged ten grounds for relief and supporting facts under paragraphs 8 and 9. Immediately preceding the allegations of…