State v. Rhodes

HOUSER, Commissioner.

Charles Ganing Rhodes was charged with and convicted of one prior felony conviction and burglary second degree and stealing. He was sentenced to three years’ imprisonment on each charge, the sentences to run concurrently. He has appealed, claiming that the Habitual Criminal Act is unconstitutional; that the Court erroneously defined the word “doubt” in an instruction, and that the State failed to make a sub-missible case of burglary second degree.

The constitutionality of the Habitual Criminal Act is challenged on the ground that it deprives the defendant of his* right to…