State v. Givens

OPINION

WALKER, Presiding Judge.

In the first phase of his bifurcated trial, the jury found the appellant, Bobby Gene Givens, guilty of third degree burglary and fixed his punishment at not less than six nor more than ten years in the penitentiary. The jury then considered evidence on the habitual criminal charge and found Givens guilty of being an habitual criminal. In accordance with the verdict, the trial judge sentenced him to life imprisonment.

*721On his appeal Givens contends that (1) the evidence is insufficient in that it did not show that he had the requisite criminal intent for third…