State v. Kitchin

EAGER, Presiding Judge.

The present appeal is from an order refusing to vacate the judgments and sentences in two criminal causes and dismissing defendant’s motion, which was filed under our Rule 27.26, 42 V.A.M.S. The matter will be reviewed de novo here. Rule 28.05. The order in question was made upon a review of the motion, the files and the records, and without hearing evidence. This the court may do under the express provisions of the rule, if he is thereby satisfied that the movant is entitled to ho relief. State v. Cerny, Mo., 286 S.W.2d 804, 807; State v. Shell, Mo., 299 S.W.2d 465.…