State v. Eaton

PRITCHARD, Commissioner.

Appellant filed his motion to vacate- judgment and sentence (five years total imprisonment for burglary, second degree, and stealing) in the trial court pursuant to the provisions of Supreme Court Rule 27.26, V.A.M.R. Thereafter, on December 29-, 1964, the court took up the motion, and having examined it and the files and records in the case, overruled it.

The sole ground for the relief requested in the motion is that the “information is fatally defective and is insufficient to sustain the imposition of Judgment and Sentence thereon, in that the allegations as therein…