Duncan v. State

WEIER, Judge.

This is an appeal from the denial of a motion to vacate a judgment pursuant to Rule 27.26, V.A.M.R. Movant had been convicted by a jury of second degree murder and was sentenced to ten years in the Missouri Department of Corrections. The judgment was affirmed on appeal to the Missouri Supreme Court. State v. Duncan, 467 S.W.2d 866 (Mo.1971).

Movant first contends that the circuit court erred in denying his motion because his conviction resulted from false testimony in that a witness falsely testified at defendant’s trial that he, the witness, saw the shooting incident between…