No. 36976.

545 S.W.2d 674 (1976)

R. D. EVANS, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

December 7, 1976.

Attorney(s) appearing for the Case

Jeffrey J. Shank, Asst. Public Defender, Robert C. Babione, Public Defender, St. Louis, for movant-appellant.

John C. Danforth, Atty. Gen., William F. Arnet, Asst. Atty. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Julian D. Cosentino, Asst. Circuit Atty., St. Louis, for respondent.

McMILLIAN, Presiding Judge.

Appellant appeals from a judgment of the circuit court of the City of St. Louis denying, after an evidentiary hearing, his second Rule 27.26, V.A.M.R., motion to vacate his conviction of murder in the first degree and a sentence of life imprisonment entered by the circuit court on 27 October 1966. The record shows that the Missouri Supreme Court previously affirmed appellant's direct appeal. 439 S.W.2d 170

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