Tettamble v. State

CLEMENS, Senior Judge.

Appeal from summary dismissal of mov-ant’s 27.26 motion. We reverse and remand.

Movant had been convicted of second degree murder and sentenced to 40 years in prison. We affirmed that judgment on appeal. State v. Tettamble, 517 S.W.2d 732 (Mo.App.1974).

By his Rule 27.26 motion movant raised a host of grounds, some of which if proved might entitle him to a retrial. However the hearing court summarily denied the motion, ruling:

“Cause called; movant appears by [counsel]; state appears [by counsel]; state’s motion to dismiss is presented, argued and submitted to the court;…