McCummings v. State

delivered tlie opinion of the Court.

George McCummings, designated herein as defendant, hy his assignments of error questions the validity of the Habitual Criminal Act, Chapter 22, Public Acts of 1939, upon two grounds: (1) that it is an ex post facto law; and (2) that it puts the accused to answer a criminal charge for which he is not presented or indicted.

Defendant was indicted for housebreaking, larceny, and receiving stolen property. The indictment contained no allegation that defendant was an habitual criminal or that he would he tried as such. During the course of selecting a jury the…