State v. Tipton

NOBLE, Justice.

Defendant’s sentence for conviction of a second felony was increased as provided by the habitual criminal act, § 41-16-1, N.M.S.A.1953. He has appealed and contends that this statute has been repealed by implication and is unconstitutional.

Defendant Tipton pled guilty to a charge •of rape of an adult female. On the following day he was charged as an habitual criminal, having been formerly convicted of •statutory rape in 1953. Through his counsel, defendant stipulated that he had been ■convicted of the two felonies charged, and interposed legal defenses to the information…