Brian Keith Moore v. Donald W. Wyrick, Warden, Missouri State Penitentiary, State of Missouri

HOWARD, District Judge.

Brian Keith Moore, a state prisoner presently serving concurrent terms of life imprisonment and a term of five years for first degree murder and attempted robbery in the first degree, has appealed from an order of the district court 1 , 510 F.Supp. 1214, dismissing his petition for a writ of habeas corpus for failure to exhaust state remedies.

The thrust of Moore’s claim to habeas corpus relief may be summarized: the construction given felony-murder statute § 559.010 Mo.Rev.Stat. (1962), by the Missouri Supreme Court in the appellate re view of his conviction, State v.…