Lane v. State

CLEMENS, Presiding Judge.

Movant-Appellant’s (defendant hereafter) Rule 27.26 motion was denied after a hearing, and he has appealed. Defendant alleges he was denied due process and that the trial court lacked jurisdiction because the underlying indictment charged a different offense from an earlier one based on the same circumstances.

On February 24, 1974 defendant was indicted in Cause No. 74-517 and charged with attempted robbery first degree by means of a dangerous and deadly weapon (Sec. 556.150, RSMo. 19691) and assault with intent to kill with malice (Sec. 560.-135). On March 25 the…