Jones v. Commonwealth

The defendant, Phillip Jones, was proceeded against in the court below as a recidivist, having been four times convicted of felonies and sentenced to confinement in the penitentiary. The lower court adjudged that the defendant serve an additional 15 years in the penitentiary, with 7 years of that term suspended. Defendant appeals, alleging that the trial court erred in overruling his motion to dismiss the information filed against him on the ground that one of the convictions, forming the basis of the recidivist charge, was void.

Defendant was arrested in the City of Portsmouth on July 18,…