Achter v. State

Movant was jury-convicted of burglary and stealing. The conviction was affirmed on appeal. State v. Achter, 512 S.W.2d 894 (Mo.App.1974). Thereafter, movant filed a motion under Rule 27.26, V.A.M.R., which was denied without evidentiary hearing.1 This appeal followed.

Paragraphs 8(a) and 8(b) of the 27.26 motion complained of alleged irregularities in the preliminary hearing held on the criminal charges. As the record shows that movant proceeded to trial in the circuit court without objection to the averred defects, he waived his right to object thereto and was not entitled to an evidentiary…