Hammond v. State

REINHARD, Judge.

Movant appeals from the denial of his Rule 27.26 motion without an evidentiary hearing. We reverse and remand for an evidentiary hearing.

In 1977, movant was convicted by a jury of first degree murder and was sentenced to life imprisonment. His conviction was affirmed by this court in State v. Hammond, 578 S.W.2d 288 (Mo.App.1979).

At trial, the State presented evidence that movant killed a door-to-door salesman, Millard Malian, during the commission of a robbery. Three witnesses testified that they saw movant near the place that Malian was killed and at the approximate time of…