Williams v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Stephens county of the offense of burglary in the second degree — a second and subsequent offense — and his punishment fixed by the jury at imprisonment in the state penitentiary for a period of 10 years.

The information, in addition to charging burglary in the second degree, alleged that the offense was a second and subsequent one, and that therefore the defendant was subject to an enhanced punishment for the. offense.

Counsel for defendant demurred to the information in the trial court and claims in this…