Toone v. State

DAVIDSON, Judge.

Appellant, under the provisions of Art. 63, P. C., was assessed a penalty of life imprisonment in the State penitentiary, as an habitual offender, for the offense of forgery.

The sufficiency of the evidence to support the conviction is not seriously challenged.

Appellant contends that the indictment supporting one of the prior convictions relied upon by the State to enhance the punishment was defective, and that, therefore, there was not, and could not have been, a prior valid conviction of appellant under such indictment. The rule is well-established that a judgment of…