Stubbs v. State

WEBBER, Justice.

The petitioner for the writ of habeas corpus was convicted in 1957 as an habitual criminal and sentenced to a term of not less than 15 nor more than 30 years. His appeal from dismissal of the petition presents as a primary issue whether or not his constitutional rights were violated in 1957 by reason of the fact that the indictment charged and the State proved both grand larceny and a previous conviction resulting in a sentence to the State Prison. Petitioner’s contention is in effect that the jury’s knowledge of a prior conviction derived both from the indictment and the…