Davis v. State

TITUS, Presiding Judge.

As was the first such motion filed August 1, 1977, movant’s second Rule 27.26, V.A. M.R., motion filed April 15, 1978, was overruled by the Circuit Court of Greene County without an evidentiary hearing and without appointment of counsel. In both instances, the court filed written “Court’s Findings of Facts and Conclusions of Law and Judgment.” Movant did not appeal from the denial of his first motion as he has done relative to denial of his second motion.

The following are pertinent parts of the two motions. Roman numeral [I] indicates answers given in the first or…