State Ex Rel. Edelstein v. Huneke

— The petitioner, Edelstein, was convicted of the crime of burglary. After trial, and before sentence, an information was filed charging him with being an habitual criminal. Before determination of this charge, the trial court sentenced petitioner to an indeterminate term in the penitentiary, and set the habitual criminal charge for trial. Application was made' to this court for a writ of prohibition to prevent the trial thereof. We denied the writ upon the ground that, until the habitual criminal charge had been tried, the trial court was unable to determine the sentence man- datorily…