State v. Myers

This is an appeal from a judgment of the Nodaway Circuit Court whereby defendant, upon conviction, was sentenced to a term of 25 years in the penitentiary. The record and briefs in this case create confusion and uncertainty with respect to the nature of the conviction, except that it was under the Habitual Criminal Act. The state’s brief, in the opening paragraph, says the information charged defendant “with burglary and grand larceny with explosives in the nighttime.” Later, in the same paragraph, it is stated “defendant was tried and convicted of burglary with explosives in the nighttime.”…