Missouri Court of Appeals November 6, 1979, No. 39587 (Morse v. State)

CLEMENS, Senior Judge.

Movant Walter E. Morse, hereafter “defendant,” having been found guilty of burglary and stealing, filed a Rule 27.26 motion to vacate judgment. The trial court summarily denied the motion and defendant has appealed. We reverse and remand.

The crucial ground of defendant’s motion to vacate is that he was denied assistance of counsel to file a motion for new trial.