Foster v. State

CRANDALL, Judge.

Movant was found guilty of capital murder, Section 565.001, RSMo (1978), and sentenced to death. That conviction was affirmed on direct appeal. See State v. Foster, 700 S.W.2d 440 (Mo. banc 1985), cert. denied, — U.S. -, 107 S.Ct. 14, 92 L.Ed.2d 768 (1986). Movant then brought a Rule 27.26 motion. Movant appeals from the denial of that motion after an evidentia-ry hearing. We affirm.

A review of the evidence adduced at the murder trial indicates that one of the victims, De Ann Keys, testified that she and her boyfriend, Travis Walker, were awakened about two o’clock in the…