Porter v. State

DOWD, Presiding Judge.

Movant appeals from the denial of his Rule 27.26 motion following an evidentiary hearing. His motion alleged ineffective assistance of counsel.

Movant had been tried and convicted of first degree murder in February of 1974 and sentenced under the Second Offender Act, § 556.280 RSMo 1969, to a term of life imprisonment. The conviction was affirmed upon appeal. State v. Porter, 538 S.W.2d 888 (Mo.App.1976).

At trial, movant had raised an alibi defense. He claimed that at the time the murder was committed he was in Chicago, Illinois and that others could substantiate his…