State v. Demarsche

The defendant pleaded guilty to a charge of burglary in the third degree, and was sentenced to a term of ten years in the state penitentiary. Thereafter there was presented to the trial, judge who sentenced defendant, a so-called second information wherein it was alleged that the defendant had been on four prior .occasions convicted of felonies in the state of South Dakota, and upon each conviction sentenced to the penitentiary in this state. Under this second information the state desired to have the defendant sentenced as an habitual criminal under the provisions of SDC 13.0611. The trial…