Henderson v. State

WEIER, Presiding Judge.

Movant appeals from the denial of his Rule 27.26 motion to vacate judgments and *547sentences for second degree murder and assault to kill without malice. The jury trial convictions for these offenses were affirmed on direct appeal. State v. Henderson, 510 S.W.2d 813 (Mo.App.1974).

Movant’s sole contention is that the trial court was clearly erroneous in denying his Rule 27.26 motion because the original trial court lacked subject matter jurisdiction due to a fatal variance between the indictment and proof with respect to the murder charge in Count I. Count I of the…