Shutt v. State

By an amended affidavit appellant was charged in the trial court with the crime of robbery. He was further charged in the affidavit under the habitual criminal law — that part of the charge, omitting caption, signature, verification and approval, is as follows :

“. . . the affiant further says that the said Melvin Shutt was on or about the 15th day of May, 1937 convicted of a felony, to-wit: the crime of auto theft, in the Commonwealth of Kentucky, and based upon said conviction the said defendant was sentenced to the Kentucky State Penitentiary at Eddyville, Kentucky, which was then and there…