Gooden v. State

CHRISTIAN, Judge.

The offense is burglary. The indictment embraced counts showing that on two previous occasions appellant had been convicted of felonies less than capital. Because of repetition of offenses the penalty was assessed at confinement in the penitentiary for life. See Article 63, P. C.

It is shown that at a time prior to this trial this defendant had been tried for a similar offense, and that for the purpose of an enhancement of the punishment, the previous convictions used in the present case had been used for the purpose of enhancing the penalty in the former case. The same…