Weeks v. State

Movant Earl Weeks appeals from the trial court’s order, entered without an evi-dentiary hearing, overruling his Rule 27.-261 motion to set aside a judgment and sentence for murder. The conviction, based on a jury verdict, was affirmed by this court, State v. Weeks, 546 S.W.2d 567 (Mo.App.1977).

Movant’s sole point is that he was entitled to an evidentiary hearing on his motion and to relief thereon, and the trial court erred in ruling otherwise, because the motion raised issues of fact as to whether movant was denied effective assistance of counsel at the jury trial and whether his counsel at…