Montgomery v. State

SMITH, Chief Judge.

Samuel Montgomery appeals from the action of the trial court in denying two post-conviction motions of movant. Montgomery is currently serving a 35 year term for assault with intent to kill with malice imposed following jury trial in 1961. The punishment was assessed by the trial court under the Second Offender Act (Sec. 556.-280, R.S.Mo.1969), following the court’s finding that Montgomery had previously been convicted in 1953 of Murder Second Degree. That conviction was the product of a plea of guilty and resulted in a ten year sentence from which defendant was discharged…