Guilliams v. State

DAVIDSON, Judge.

This is a conviction under the so-called habitual criminal statute, Art. 63, P. C., which provides that a third conviction for an ordinary felony carry a punishment of life in the penitentiary.

The instant indictment does not allege that the second prior conviction relied upon was for an offense committed subsequent to the first prior conviction alleged.

The absence of such allegation is fatal to this conviction, for, to invoke the provisions of Art. 63, P. C., it is necessary that each succeeding conviction be subsequent to the previous conviction both in point of time of the…