Davis v. State

REINHARD, Judge.

Movant appeals from the denial of his Rule 27.26 motion after an evidentiary hearing. We affirm.

Movant was convicted by a jury in 1973 of murder first degree and assault with intent to kill with malice aforethought. He was sentenced to concurrent terms of life imprisonment. This court affirmed his conviction in State v. Davis, 516 S.W.2d 784 (Mo.App.1974).

The evidence at trial established that movant entered a restaurant/lounge and shot the deceased, Samuel Gipson, three times. The deceased’s brother then intervened, was shot twice, and collapsed after striking movant’s face.…