State v. Moody

HYDE, Judge.

Defendant appeals from a judgment of dismissal of his motion (authorized by Rule 27.26, 42 V.A.M.S.) to vacate a judgment of conviction for robbery with a dangerous and deadly weapon and sentence of 25 years in the penitentiary.

Defendant was charged by indictment with first degree robbery (Sec. 560.120, statutory references are to RSMo and V.A. M.S.) ; and thereafter an information was substituted for this indictment. Sec. 545.-300. The jury returned the following verdict: “We, the jury, find the defendant, Mack C. Moody, guilty of Robbery, First Degree, as charged in the…