Gibbs v. State

OPINION

BROWN, Commissioner.

Appellant was found guilty of rape by a jury and the jury assessed his punishment, enhanced by a prior rape conviction, at 20 years.

The indictment charged appellant with the rape and in paragraph two charged a prior conviction of grand larceny in the State of Alabama, in paragraph three with a prior conviction of the offense of rape in the State of Wisconsin, and in paragraph four of a prior conviction of rape in the State of Idaho. At the punishment phase the prosecution waived and abandoned paragraph two charging the grand larceny conviction and paragraph three…