Brager v. State

NUGENT, Presiding Judge.

Roger L. Brager, hereinafter sometimes called “defendant”, appeals from the order of the circuit court of Jackson County entered after evidentiary hearing overruling his Rule 27.26 motion to vacate his conviction and sentence for assault with intent to kill with malice aforethought. We affirm.

Brager first challenges the order overruling his motion on the basis that the sentence imposed was in excess of the maximum authorized by law. He contends in his second point, that the jury instructions did not properly define “aforethought”.

Brager was charged by information with…