Canupp v. State

This is an appeal from a conviction of grand larceny and also of being an habitual criminal. The defendant was sentenced in accordance with the ‘‘ Habitual Criminal” statute.

The defendant’s counsel makes no question as to his client’s guilt of grand larceny as charged. He does question the sufficiency of the evidence to sustain the verdict convicting him of being an habitual criminal.

Contention is made (1) that the “Habitual Criminal” statute is unconstitutional because it imposes “cruel and unusual punishment”; and (2) the three offenses, all being felonies, were committed on the same day…