Myrick v. State

SWOFFORD, Judge.

Appellant was found guilty of murder in the second degree and was sentenced to twelve years. On direct appeal his conviction was affirmed. State v. Myrick, 473 S.W.2d 402 (Mo.1971). He thereupon filed a motion under Rule 27.26, V.A.M.R., to vacate and set aside this conviction. After evidentiary hearings the court below overruled his motion and this appeal followed.

In his Rule 27.26 motion in the trial court appellant asserted two grounds for setting aside the conviction: First, that certain evidence used in the trial was obtained by means of an illegal search and seizure, and…