State v. Gaskey

Defendant was charged by county attorney’s information with the crime of breaMng and entering in violation of section 708.8, Code, 1962. The information alleged defendant on three previous occasions had been convicted of breaking and entering and at the time of the third conviction had been sentenced under Code section 747.5 as a habitual criminal. The information also alleged that upon conviction of the crime therein charged defendant should be sentenced according to the terms of Code section 747.1.

Defendant demurred to the information on the ground the exaction of a penalty under section…