Cochrell v. State

CLEMENS, Presiding Judge.

Movant Lowell Cochrell appeals denial of his 27.26 motion based on his conténtion of inadequate assistance of counsel. A jury had found Cochrell guilty of statutory rape and the trial court sentenced him as a second offender to 35 years’ imprisonment. That conviction was affirmed on appeal. State v. Cochrell, 492 S.W.2d 22 (Mo.App.1973).

At the original trial defense counsel attempted to draw from a police officer, the State’s witness, a self-serving alibi statement made by the defendant. Because of defendant’s prior convictions, counsel had decided not to adduce this…