State v. Nolan

PRITCHARD, Commissioner.

Upon petition of respondent, here and in the trial court represented by able appointed counsel, respondent’s 1943 conviction and sentence of fifty years assessed by a jury for robbery in the first degree was by the trial court set aside and a new trial was ordered. Respondent’s conviction was affirmed by this court, State v. Nolan, Mo., 171 S.W.2d 653. The state’s right of appeal in proceedings such as this under Supreme Court Rule 27.26, V.A.M.R. (a final judgment being set aside), was settled in State v. Parker, Banc, Mo., 413 S.W.2d 489, Nos. 51,972, 51,973 and…