Brookins v. State

REINHARD, Presiding Judge.

Movant was convicted by a jury on December 17, 1969, of first degree robbery by means of a dangerous and deadly weapon. He was sentenced to a term of 60 years. That sentence was affirmed on appeal by the Missouri Supreme Court. State v. Brookins, 468 S.W.2d 42 (Mo.1971).

In 1972 movant filed a post-conviction motion pursuant to Rule 27.26 alleging that the court erred in admitting the deposition of an identification witness without any showing that the state had made a good-faith effort to obtain the presence of this witness at trial. The issue had not been presented…