Stevens v. State

Appellant was prosecuted by affidavit in two counts charging him with second degree burglary under §10-701 (b), Burns’ 1942 Replacement, Acts 1941, ch. 148, §4, p. 447, and with being an habitual criminal under §9-2207, Burns’ 1942 Replacement, Acts 1907, ch. 82, §1, p. 109. Trial was had by jury which returned a verdict finding appellant guilty of burglary in the second degree and that he was an habitual criminal. Judgment was thereupon rendered upon the verdict and appellant was sentenced to the Indiana State Prison for not less than two years nor more than five years upon the verdict…