People v. Moreland

On September 17, 1963, the defendant, John Richard Moreland, was convicted by a jury of breaking and entering in the nighttime with intent to commit larceny. The information further charged that “said offense hereinabove charged is hereby charged as a fourth offense,” 2 and thereupon recited three alleged prior convictions of the defendant.

Before the selection of the jury and in the absence of the veniremen, the defendant’s counsel objected to a procedure in which the jury would be informed of the prior convictions. Defendant claimed that the jury should first determine his guilt on the…