Emmons v. State

TURNAGE, Judge.

Edward Emmons filed a motion pursuant to Rule 27.26 to vacate his judgment and sentence for burglary in the second degree and stealing. His conviction on direct appeal was affirmed by this court in State v. Emmons, 595 S.W.2d 792 (Mo.App.1980).

The trial court overruled the 27.26 motion and on this appeal Emmons contends there was a fatal deficiency in the information and that he was denied effective assistance of counsel.

Emmons first contends the information failed to allege whether the stealing was accomplished by deceit or without the owner’s consent. Such deficiency in an…