Tomlin v. State

WOODLEY, Judge.

The indictment alleged the unlawful possession of heroin, and for enhancement of punishment alleged three prior consecutive convictions for felonies less than capital, the offenses being felony theft in 1948, felony theft in 1951, and burglary in 1954, all in Harris County.

Upon the verdict finding appellant guilty of unlawfully possessing heroin and finding that he had been thrice previously convicted of felonies less than capital, judgment was rendered ordering his confinement in the penitentiary for life, as authorized by Art. 63 P. C.

It is insisted that since the primary…