State v. Maxwell

PRITCHARD, Commissioner.

In this case, which comes to the writer upon reassignment, defendant was charged by indictment and was found guilty by the verdict of a jury for the crime of robbery in the first degree by means of a dangerous and deadly weapon. §§ 560.120, 560.135, RSMo 1959, V.A.M.S. It was also set forth in the indictment that defendant had four prior felony convictions and upon a finding thereof in a hearing conducted outside the hearing of the jury, the court at the close of the trial fixed defendant’s punishment at forty years’ imprisonment. Thereafter, defendant filed his motion…