Johnson v. State

Appellant was charged by affidavit in three counts with robbery, Ind. Ann. Stat. § 19-4101 (1956 Repl.), being an habitual criminal, Ind. Ann. Stat. § 9-2207 (1956 Repl.), and armed robbery, Ind. Ann. Stat. § 10-4709 (1956 Repl.). He was tried by jury, found guilty on all three counts, *72and was sentenced to life imprisonment for being an habitual criminal.

Ind. Ann. Stat. § 9-2208 (1956 Repl.) sets forth how a person is to be charged with being an habitual criminal.

“To authorize a sentence of imprisonment for life under this act, the indictment or affidavit shall allege that the defendant has…