State v. Warden

REINHARD, Judge.

Defendant appeals after the denial by the court of his “motion for a new trial based on newly discovered evidence.” We affirm.

Defendant was convicted of first-degree murder in the killing of his brother and was sentenced to life imprisonment in 1978. We affirmed his conviction on direct appeal in 1979. State v. Warden, 591 S.W.2d 170 (Mo.App.1979). In 1980 defendant filed a Rule 27.26 motion and was given an eviden-tiary hearing. The grounds alleged in his motion were 1) newly discovered evidence warranting a new trial and 2) ineffective assistance of counsel. Rejecting…