Sherrill v. State

BILLINGS, Judge.

This is a proceeding under Rule 27.26, V.A.M.R., to vacate a 25-year sentence and judgment for second degree murder. No evidentiary hearing was conducted but the Circuit Court of Crawford County made and entered findings of fact and conclusions of law denying appellant’s motion. We affirm.

Appellant’s direct appeal of his conviction was affirmed by this court in State v. Sherrill, 496 S.W.2d 321 (Mo.App.1973). His motion to vacate alleges certain instructions given at his trial were erroneous. Further, that his trial attorney was ineffective because (a) such instructions were…