Cumbo v. State

The indictment charged Cumbo with burglary, and as being an habitual criminal, within this State’s statutory definition thereof, sec. 40-2801, T.C.A. From his conviction and sentence he prosecutes this appeal in error. He concedes that the evidence justifies the conviction of the burglary, but insists that there is no legal evidence in support of the finding that he is an habitual criminal.

The indictment alleges his conviction in North Carolina of three felonies which come within our Habitual Criminal Law and narrates the facts of each in some detail. To sustain these allegations, the State…