State v. Frey

STORCKMAN, Judge.

This is an appeal by the State of Missouri from an adverse order and judgment in a proceeding under S.Ct. Rule 27.26, V.A.M.R. The Circuit Court of St. Charles County set aside the sentence of the prisoner, William Dean Frey, and ordered his discharge.

On October 22, 1963, the prisoner, herein sometimes referred to as the defendant, was found guilty of robbery in the first degree. The court found that the defendant was a second offender and assessed his punishment at ten years imprisonment. The defendant’s court-appointed counsel filed a motion for new trial which was argued…