Clark v. Turner

HENRIOD, Justice.

Appeal from a denial of a petition for writ of habeas corpus. Affirmed.

The jury found Clark guilty of burglary, his third felony conviction, and then found him guilty of being an habitual criminal under our statute.1 The trial judge sentenced him under the burglary statute. Then separately sentenced him- under the habitual statute.

Clark says this sentencing was a violation of. the Fifth .Amendment to the United States Constitution with respect to-double jeopardy, the only point on appeal. The simple answer to this contention is that right or wrong sentencing has nothing to-do…