(Download) "State Missouri v. Walter E. Nolan" by Supreme Court of Missouri Division 2 " Book PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Walter E. Nolan
- Author : Supreme Court of Missouri Division 2
- Release Date : January 10, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Upon petition of respondent, here and in the trial court represented by able appointed counsel, respondent's 1943 conviction
and sentence of fifty years assessed by a jury for robbery in the first degree was by the trial court set aside and a new
trial was ordered. Respondent's conviction was affirmed by this court, State v. Nolan, Mo., 171 S.W.2d 653. The state's right
of appeal in proceedings such as this under Supreme Court Rule 27.26, V.A.M.R. (a final judgment being set aside), was settled
in State v. Parker, Banc, Mo., 413 S.W.2d 489, Nos. 51,972, 51,973 and 51,974. See also §§ 547.200, 547.210,
RSMo 1959, V.A.M.S., and Supreme Court Rule 28.04, V.A.M.R. By amended information, respondent was charged with robbery in the first degree "with force and arms," which occurred in
1929 after the statute was amended authorizing imposition of a sentence of ten years' imprisonment to death for the aggravating
fact of such robbery being committed "by means of a dangerous and deadly weapon." (This latter fact was not charged in the
amended information.) See § 3310, R.S. Mo. 1919, and the amended statute, § 4061, R.S. Mo. 1929, the latter
being in force today except that in 1943 an amendment was added reducing the minimum punishment from ten to five years, which
is incorporated in § 560.135, RSMo 1959, V.A.M.S.