McGowen v. State

Art. 64, P.C., reads as follows:

“Second conviction for capital offense. A person convicted a second time of any offense to which the penalty of death is affixed as an alternate punishment shall not receive on such second conviction a less punishment than imprisonment for life in the penitentiary.”

The state invoked the provisions of that article in this case by alleging and thereby undertaking to prove that, prior to the commission of the instant murder, appellant had been convicted in the district court of Cherokee County for the crime of murder.

The alleged prior conviction was duly submitted…