Shepherd v. State

TITUS, Judge.

Convicted of first degree robbery and in accordance with the jury’s verdict, movant was sentenced on June 16, 1971, to 15 years. Under § 546.615 RSMo 1969 (before amendment, Laws 1971, S.B. 294, effective September 28, 1971), the trial court denied credit for time movant spent in jail prior to conviction. The conviction was affirmed upon appeal. State v. Shepherd, 494 S.W.2d 53 (Mo.1973). After evidentiary hearing and denial of his Rule 27.26 motion to vacate and set aside the conviction, mov-ant has now appealed to this court.

To sustain the robbery charge, the state’s evidence…