Flynn v. State

In December of 1971, the appellant was tried and found guilty of rape and sentenced to a term of twenty years. Upon direct appeal, his conviction was affirmed. State v. Flynn, 505 S.W.2d 48 (Mo.1974).

Appellant thereafter filed a motion under Rule 27.26 to set aside the conviction; an evidentiary hearing was held; the trial court overruled the motion; and this appeal followed.

The sole point raised by the appellant is that he was denied due process of law when the trial court found that counsel’s failure to personally investigate appellant’s alibi and call witnesses and present evidence in…