Gibbs v. State

HERRMANN, Justice:

This appeal involves the construction of 11 Del.C. Secs. 3911 and 3912 1 sometimes known as the Habitual Criminal Act.

The question presented for decision is whether an information filed under Sec 3912 (b) charges a separate offense upon which there may be a separate conviction and a separate sentence.

The facts are these:

On May 6, 1960, two informations were filed by the Attorney General bringing two charges of breaking and entering against the defendant. On the same day, an information was filed by the Attorney General charging that the defendant “having been convicted of…