George Montgomery v. State Missouri

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
felony-murder doctrine, § 559.010 (all statutory references are to RSMo 1959, V.A.M.S.). Trial commenced on September
13, 1965, in the Circuit Court of Carter County. After the state concluded its case and a recess was taken, the Judge, evidently
pursuant to some indication received, inquired of defendant and his counsel whether it was true that defendant desired to
change his plea from not guilty to guilty. Upon receipt of an affirmative answer, the court so informed the jury and then
proceeded to ask the prosecuting attorney for the state's recommendation as to punishment. This was given and then followed
remarks by the court directed to the defendant, including a Discussion of his reason for being agreeable to a recommended
sentence for twenty-five years. This then occurred: