Newman v. State

PREWITT, Chief Judge.

Movant appeals from the dismissal of his second motion under Rule 27.26. Movant was convicted of murder in the first degree and the conviction was affirmed on appeal. See State v. Newman, 605 S.W.2d 781 (Mo.1980). He then filed a motion under Rule 27.26. That motion was denied by the trial court and affirmed on appeal. See Newman v. State, 669 S.W.2d 617 (Mo.App.1984).

Thereafter, movant filed another motion under Rule 27.26, alleging that the information on which he was tried was defective. The motion alleged that movant did not know of the error in the information until…