State v. Butler

UDALL, Chief Justice.

Bennie Wallace Butler, defendant-appellant, was informed against, tried, and convicted by a jury of the crime of grand theft, a felony (section 43-5501, A.C.A. 1939, now section 13-661, A.R.S.), and he appeals from the judgment of conviction thereon. Prior to trial the county attorney filed an amended information to include an allegation of a previous conviction of grand theft, which charge was admitted by defendant out of the presence of the jury. The court imposed an indeterminate sentence of from ten to eleven years in the state penitentiary.

Specifically, the…