Smith v. State

OPINION

TATUM, Judge.

Both the State and defendant made separate appeals which were consolidated by the court. The defendant, Odell Smith, appealed his conviction for receiving stolen property under the value of $100 with punishment fixed at 2 to 5 years imprisonment. The State appealed from the trial judge’s refusing to allow the State to proceed at trial with the habitual criminal count in the indictment. The concealing stolen property conviction is affirmed and the trial court’s judgment dismissing the habitual criminal count of the indictment is reversed.

The defendant’s only assignment of…