Allen v. State

DOWD, Chief Judge.

Robert F. Allen, Jr., has appealed from an order denying relief under Rule 27.26, V.A.M.R., following an evidentiary hearing. Appellant was convicted by a jury in 1970 of forcible rape and sentenced to 45 years imprisonment. The conviction was affirmed on a prior direct appeal. State v. Allen, 472 S.W.2d 358 (Mo.1971).

Appellant’s sole point here is that he was denied effective assistance of counsel because his trial attorney failed to contact and present alibi witnesses on his behalf.

At the 27.26 hearing only the appellant and his trial attorney testified. Appellant…