State v. Robb

HOUSER, Commissioner.

Charged with one prior conviction of a felony and burglary and stealing, Francis Lee Robb was acquitted of burglary, convicted of stealing and committed to the custody of the department of corrections for five years under the Second Offender Act. On this appeal he takes exception to two instructions given the jury, challenges the sufficiency of the evidence to prove a previous conviction, and claims that the prosecuting attorney erred in mentioning another crime in his opening statement and erroneously commented in his final argument on appellant’s failure to take the…