Smith v. State

Appellant was charged on two counts with (1) vehicle taking and (2) being an habitual criminal. He was found guilty and sentenced on Count One for 1 to 10 years, and upon Count Two to life imprisonment. Appellant appealed to this court and the judgment of the lower court was affirmed, the opinion appearing in 227 Ind. 672, 87 N. E. 2d 881.

Appellant, now six years later, has filed in the trial court a pleading called “Motion to Vacate Void Judgment” in which appellant contends the Habitual Criminal Statute of Indiana 1 is unconstitutional, as violating the 13th and 14th Amendments of the…