Swearingin v. State

FLANIGAN, Judge.

Movant Jackie Swearingin appeals from a denial, after evidentiary hearing, of his Rule 27.261 motion to set aside a judgment and sentence for murder in the second degree. § 559.020 RSMo 1969. The offense was committed on June 19, 1976. The conviction was affirmed by this court on March 22, 1978. State v. Swearingin, 564 S.W.2d 351 (Mo.App.1978).

Movant’s first point is that he was entitled to relief (and the trial court erred in denying same) because of certain claimed deficiencies in Instruction 5.2 The two criticisms sought to be leveled at Instruction 5 are: (a) Paragraph…