Harrison v. State

DAVIDSON, Judge.

This is a conviction under Art. 63, P. C., commonly known as the habitual criminal statute. The punishment affixed is life imprisonment in the penitentiary.

Said Article reads as follows:

“Whoever shall have been three times convicted of a felony less than capital shall on such third conviction be imprisoned for life in the penitentiary.”

The two previous convictions relied upon in the instant case were alleged to have occurred in 1932 and 1935, respectively. With reference to the second conviction, the indictment fails to allege that the offense for which the appellant was then…