State v. Berry

STOCKARD, Commissioner.

Defendant Shirlon Walter Berry was charged under the Habitual Criminal Act (seven previous convictions consisting of five convictions for burglary and stealing, one conviction for carrying a concealed weapon, and one conviction for possession of apparatus for unauthorized use of narcotics) with stealing two coats from Stix, Baer & Fuller department store of the value of $87.50. Trial by jury was expressly waived in writing, and defendant was found guilty by the court and sentenced to imprisonment for a term of five years.

*145Defendant’s points on this appeal are that the…