Christoph v. State

DAVIDSON, Judge.

This is a conviction . under the so-called habitual-criminal statute, Art. 63, P.C., fixing punishment at imprisonment in the penitentiary, upon conviction three times of a felony less than capital, for life.

The sole question for review is the action of the trial court in refusing to permit counsel for appellant to argue before the jury that one of the prior felony convictions was not a final conviction because of an order in the sentence making that conviction run concurrently with another conviction.

The trial court refused counsel the right to present argument to the jury…