WAYNE v. STATE

No. 40834.

579 S.W.2d 780 (1979)

Larry WAYNE, Movant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

March 27, 1979.


Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, St. Louis, for movant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Steven Scott Clark, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.


CRIST, Judge.

Rule 27.26 motion. Movant appeals the denial of his motion without an evidentiary hearing.

On August 2, 1976, movant was convicted of second degree murder and sentenced to life imprisonment. Thereafter, movant escaped custody. His trial counsel filed a timely motion for new trial and notice of appeal. Our Court dismissed the appeal on April 25, 1977 for failure to perfect appeal and comply with the rules.

On appeal movant claims the trial...

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