Stout v. State

HAWKINS, Presiding Judge.

The indictment charged appellant with burglary of a house occupied and controlled by Stella Lea, on or about January 27, 1941, and further charged that appellant had theretofore been twice convicted of felony offenses, thereby seeking application of Art. 63 P. C. against appellant as an habitual criminal. Appellant was convicted and his punishment assessed at life imprisonment in the penitentiary.

Appellant sought to quash the indictment on five grounds. The first and second grounds are clearly untenable, and require no discussion. The third ground urged was that the…