Burks v. State

DOWD, Judge.

Movant appeals from the trial court action denying, without evidentiary hearing, his motion for post-conviction relief pursuant to Rule 27.26, V.A.M.R.

Appellant was convicted of first degree murder, and was sentenced to life imprisonment. His conviction was affirmed on appeal. State v. Burks, 484 S.W.2d 302 (Mo.1972).

In the 27.26 proceeding, the court denied all grounds for vacating the conviction except that which requested a credit for jail time. The court found further that no evi-dentiary hearing was necessary.

Appellant contends the trial court erred in denying an evidentiary…