Richardson v. State

SWOFFORD, Presiding Judge.

This appeal involves a proceeding under Rule 27.26. The appellant, who was 15 years of age at the time of the underlying offense of homicide and after waiver of jurisdiction by the Juvenile Court, was tried before a jury in the Circuit Court under an indictment charging First Degree Murder. The jury returned a verdict finding him guilty of Second Degree Murder and assessed his punishment at 35 years. Upon appeal, this judgment was affirmed. State v. Richardson, 495 S.W.2d 435 (Mo.banc 1973).

Thereafter the appellant filed this proceeding under Rule 27.26 wherein he…