State v. Stubbs

The opinion of the court was delivered by

Robb, J.:

Defendant was formally charged and tried by a jury whereby he was convicted of the commission of the crime of murder in the second degree. (G. S. 1949, 21-402.) Defendant moved for new trial and the motion was overruled. The trial court entered judgment and upon the county attorney’s pleading two previous felony convictions, the trial court, pursuant to the habitual criminal statute (G. S. 1949, 21-107a), sentenced defendant to a term of sixty years. Defendant appeals from the verdict of the jury, the order overruling his motion for new trial,…