Delany v. State

BARRETT, Commissioner.

In April 1965, Fred Delany and his brother, Robert Delany, were separately indicted for the murder of Perón Glass. On December 29, 1965, they separately entered pleas of guilty to murder in the second degree. Robert was sentenced to 20 years’ imprisonment and is presently serving *103that sentence. Fred was sentenced to 25 years’ imprisonment but on January 28, 1966, was placed on probation for five years. Subsequently his probation was revoked and five years after the entry of his plea of guilty, in March 1970, Fred, proceeding under Rules 27.25 and 27.26, V.A. M.R. filed a…