Moore v. Wyrick

*1215MEMORANDUM

NANGLE, District Judge.

This case is now before the Court for review of the Magistrate’s Report and Recommendation. In this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, petitioner challenges his state murder conviction on two grounds.1 He first claims that there was insufficient evidence to support his felony-murder conviction. He then claims that the construction given the felony-murder statute2 by the Missouri Supreme Court in his case, State v. Moore, 580 S.W.2d 747 (Mo. banc 1979), was so unexpected as to deny his due process, in that he was convicted of…