Lewis v. State

CLEMENS, Judge.

Movant (hereafter “defendant”) appeals the denial of his Rule 27.26 motion. He had *563previously been found guilty of burglary and stealing and that judgment was affirmed. State v. Lewis, 576 S.W.2d 564 (Mo.App.1978).

By his motion to vacate defendant first contends trial counsel was ineffective in failing to call two alibi witnesses, and also that the court erred in excluding the hypothetical opinion of another lawyer as to how he would have conducted the defense.

At the evidentiary hearing defendant’s mother testified she had told defense counsel of an alibi; a co-indictee…