Porter v. State

BARDGETT, Presiding Judge.

Movant-appellant David Porter, Jr., appeals from the judgment denying postcon-viction relief sought under Rule 27.26, V. A.M.R. Appellant was convicted of a felony under Sec. 561.450, RSMo 1969, V.A. M.S., and the appeal was filed prior to January 1, 1972. This court has jurisdiction. Art. V, Sec. 31(4), Mo.Const., as amended, V.A.M.S.

*31On June 26, 1971, appellant, his wife Cecilia Porter, and David O’Neal, Jr., were arrested and taken to the Rolla city jail in Phelps County, Missouri, where they were detained. On June 28, 1971, an officer of the First State Bank of…