McKinney v. State

CRIST, Judge.

Movant appeals from denial of motion to vacate convictions of first degree robbery and first degree murder under Rule 27.26. Movant’s convictions and sentences were affirmed on direct appeal in State v. McKinney, 528 S.W.2d 1 (Mo.App.1975). This motion was denied without an evidentiary hearing. We affirm.

The trial court held movant’s motion pled mere conclusions and not facts which, if proven, would entitle him to relief. Movant asserts he deserved an evidentiary hearing in that he alleged his trial counsel was ineffective because he did not investigate movant’s alibi defense or…