State v. Montgomery

COIL, Commissioner.

Appellant was convicted of robbery in the first degree by means of a dangerous and deadly weapon and sentenced to seven years in the penitentiary. He has filed no brief. We, therefore, review the assignments of error in his motion for new trial.

Assignment 1 is, in effect, that the trial court was without jurisdiction and that, therefore, the verdict and judgment are void, for the reason that the amended information on which defendant was tried had been nolprossed by the state and no subsequent indictment or information had been filed; and that the state’s attempt to…