Covington v. State

PREWITT, Judge.

This is a proceeding for post-conviction relief under Rule 27.26, V.A.M.R. Appellant was charged with first degree murder and convicted of second degree murder. That conviction was affirmed in State v. Covington, 559 S.W.2d 78 (Mo.App.1977). Appellant then filed a motion to set aside his conviction and vacate the sentence. The judge who presided at the previous trial was disqualified and testified at the hearing on appellant’s motion. Following the hearing, the trial court denied the motion.

Appellant presents three points of alleged error in denying his motion: (1) Because in…