People v. Henry

An indictment was returned Nov. 15, 1972, charging the defendant, Cardell Henry, in one count, with theft of a bicycle of a value less than $150, also alleging a previous conviction of the crime of theft. Defendant filed a motion to strike the allegation of the previous conviction. After a hearing and over the'objection of the State the trial court on January 31, 1973, ordered stricken the allegation of the previous conviction of theft, thereby reducing the charge from a felony to a misdemeanor. The State has appealed from that order.

The defendant’s brief concedes that the trial court was…