# State v. McCullough

> Missouri Court of Appeals · March 28, 1973 · 493 S.W.2d 353

URL: https://www.frixlaw.com/law-library/cases/5040704

## Case

- **Full name:** STATE of Missouri, Plaintiff-Respondent v. David McCULLOUGH
- **Court:** Missouri Court of Appeals
- **Decided:** March 28, 1973
- **Citations:** 493 S.W.2d 353; 1973 Mo. App. LEXIS 1460
- **Precedential status:** Published
- **Opinion:** Concurrence by Campbell
- **Judges:** Billings, Campbell, Carver, Hogan, Stone, Titus
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5040704

## Opinion text

ROBERT L. CAMPBELL, Special Judge
(concurring in result).
I concur in the result reached in the principal opinion to the extent that this cause be reversed and remanded for failure of the trial court to make required findings of fact and conclusions of law under Rule 27.26. The trial court held an evidentiary hearing on appellant’s motion as required by Rule 27.26. No further evidentiary hearing is necessary, and this court should limit itself, “to a determination of whether the findings, conclusions and judgment of the trial court”, as finally determined by the trial court, “are clearly erroneous”. Rule 27.26(j).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5040704. Public record. Not legal advice.