Alan Daniel Wilwording v. Harold R. Swenson, Warden, Missouri State Penitentiary, Jefferson City, Missouri

MATTHES, Chief Judge.

This case is before us on appeal from the order of the United States District Court for the Western District of Missouri denying appellant habeas relief.

Appellant, presently incarcerated in the Missouri State Penitentiary, was convicted by a jury in the Circuit Court of Greene County, Missouri, of the offense of first degree robbery and was sentenced by that court to imprisonment for twenty years. The conviction was affirmed. State v. Wilwording, 394 S.W.2d 383 (Mo.1965).

Appellant then attacked the conviction collaterally pursuant to Mo.R.Crim.P. 27.26, V.A.M.R.,…