State v. Robinson

BECKER, Justice.

Defendant was charged with breaking and entering and with being an habitual criminal. He was first tried before a jury for breaking and entering and was then tried before a different jury on the habitual criminal charge. A guilty verdict was returned on both charges. Defendant was sentenced to 25 years in the state penitentiary at Fort Madison and now appeals.

I. The first two errors deal entirely with procedural matters occasioned by the habitual criminal charge and will be disposed of before consideration of the evidence in the case. While recidivist statutes have long been…