Hickson v. State

Plaintiff in error was indicted for breaking into a railroad car and at the same time was indicted as an habitual criminal. Upon the trial he was found guilty of the felony charged and also of being an habitual criminal, and was sentenced under the statute to life imprisonment. The appeal is from the sentence of the habitual criminal statute.

Diligent counsel appointed by the Court to defend this man assigns as the first error that the conviction of the defendant as an habitual criminal cannot be sustained as the crime of breaking and entering a freight car is not recognized within the…