Montgomery v. State

FINCH, Judge.

This is an appeal from the action of the trial court in overruling movant’s motion under Supreme Court Rule 27.26, V.A.M. R., to vacate a judgment and sentence wherein he was sentenced to imprisonment for twenty-five years for robbery in the first degree. This case comes to the writer on recent reassignment. We reverse and remand.

Movant, sometimes referred to as defendant, originally was charged with murder in the first degree. The information alleged that he killed one Wilfred Gerald Brown while in the perpetration of robbery of Brown, thus constituting a charge under the…