Montgomery v. State

STOCKARD, Commissioner.

After two unavailing appeals to this court on the merits of his conviction of assault with intent to kill (State v. Montgomery, Mo., 370 S.W.2d 316 and 424 S.W.2d 744), Samuel Montgomery has now appealed from the order of the trial court denying relief on his motion pursuant to Supreme Court Rule 27.26, V.A.M.R. We affirm.

The record of his trial shows that on October 30, 1960, defendant said to Roy Witherspoon, “I am going to kill you,” and that he then shot him. After Witherspoon fell to the ground, defendant stood over him and fired three more shots, two striking him…