Robert H. Mottram v. Frank F. Murch

ALDRICH, Chief Judge.

Petitioner Mottram in 1958 was indicted in the state court on two counts: one for stealing a car in 1957, and secondly for being an habitual offender by virtue of a prior felony conviction. 15 Me.Rev.Stat. § 1742. Although in fact he had several prior convictions, the only one alleged in the indictment was a 1952 conviction for automobile theft. Petitioner pleaded not guilty, and after a false start 1 the court granted his motion for separate trials. At the trial on the first count he took the stand and testified with respect to the alleged 1957 theft that the owner had…