Russ v. State

CRIST, Judge.

Movant appeals the denial, after an evi-dentiary hearing, of his Rule 27.26 (now repealed) motion. We affirm.

Movant was convicted by a jury of murder in the second degree and robbery in the first degree. Movant’s .conviction was affirmed in State v. Russ, 642 S.W.2d 706 (Mo.App.1982). The evidentiary hearing was held on August 4, 1989. At the hearing, the motion court took judicial notice of the original trial file, and a transcript of the original trial was given to the motion judge. Movant was the only witness called at the hearing. The motion court found his testimony not…