Benton v. State

GIVAN, Chief Justice.

Appellant was convicted of burglary, conspiracy to commit a felony and of being an habitual criminal. He was sentenced to concurrent terms of five years on the burglary and conspiracy counts and to a term of 30 years on the habitual criminal count, to be served consecutively with the first two penalties. Because we find prejudicial error in the first issue raised by appellant, we must reverse the conviction and order a new trial.

Appellant and two companions were taken into custody by the Mount Vernon police on the morning of October 14, 1977, as suspects in a burglary of…