State v. Brewer

HOUSER, Commissioner.

Robert Brewer, alias Robert Jones, was charged with intentionally stealing property of another of the value of $100 without the consent of the owner thereof, an offense punishable by imprisonment in the penitentiary (§§ 560.156 and 560.161), 1 and in the same information was charged under the Habitual Criminal Act (§ 556.280, as amended, Laws 1959, S.B. No. 117, § 1).

Prior to the submission to the jury of the charge of stealing, the circuit judge conducted a hearing without the aid of the jury, resulting in a finding and determination by the judge that defendant…