Wilhite v. State

CRIST, Judge.

Rule 27.26 proceeding. Movant appeals the denial of his Rule 27.26 motion. We affirm.

On June 5, 1978, movant was convicted by a jury of burglary in the second degree and stealing. He was sentenced to consecutive terms of eight and four years respectively. On June 22, 1978, movant filed a motion for new trial alleging error in the exclusion of evidence supporting movant’s theory that the burglary was an “inside job.” On appeal, this Court found no prejudicial error in the trial court’s ruling excluding the evidence. State v. Wilhite, 587 S.W.2d 321, 325 (Mo.App.1979).

On December…