State v. Stubbs

The opinion of the court was delivered by

O’Connob, J.:

This is a direct criminal appeal which reaches this court in the following manner: In December 1958 the defendant was convicted by a jury of murder in the second degree (G. S. 1949, 21-402). Defendant filed a motion for new trial, which was denied. Having been twice convicted of felonies on previous occasions, he was sentenced under the habitual criminal statute (G. S. 1949, 21-107a) to a term of sixty years in the state penitentiary. De fendant filed notice of appeal and requested this court to appoint counsel, which request was denied.…