Nickens v. State

FINCH, Judge.

This is an appeal from a denial of appellant’s motion under Rule 27.26 1 to vacate a judgment and sentence of life imprisonment for murder in the first degree. This appeal was pending in this court on April 9, 1973, the date of our decision in Parks v. State, 492 S.W.2d 746 (Mo. banc 1973), and this case is retained for decision pursuant to our order dated April 9, 1973. We affirm.

In 1963 appellant was indicted for first degree murder. Allegedly, he robbed a grocery store and in the course of his subsequent flight by automobile he shot and killed a police officer. He was tried…