Layton v. State

HOGAN, Judge.

Appellant and his “fall partner” James W. Hendrix were jointly charged and tried for burglary in the first degree and stealing. A jury found both guilty and on direct appeal the judgments of conviction were affirmed. State v. Hendrix, 454 S.W.2d 40 (Mo.1970). Subsequently appellant sought postconviction relief in a proceeding under Rule 27.26, V.A.M.R., which was denied after an evidentiary hearing. On appeal, we will consider those points properly briefed. McQueen v. State, 475 S.W.2d 111, 115 [3] (Mo. banc 1971).

In his brief, the appellant treats his first two points as one,…