CRIMINAL LAW AND PROCEDURE - HABITUAL CRIMINAL ACT - PRIOR CONVICTIONS - PLEADING AND TRIAL

Authors

Abstract

The petitioner was charged with grand larceny and was convicted by a jury. The court thereafter made a finding that the petitioner had previously been convicted of two other felonies, and that he had served a term in the Kansas penitentiary for one felony and a term in the Missouri penitentiary for the other. On that finding and the verdict of the jury, the court sentenced the petitioner to life imprisonment under a Kansas statute which prescribed increased penalties for habitual offenders. Held, that the prior convictions need not be charged in the information and that the petitioner was not entitled to a jury trial on the question of prior convictions. Levell v. Simpson, 142 Kan. 892, 52 P. (2d) 372 (1935), appeal dismissed, 297 U.S. 695, 56 S. Ct. 503 (1936), rehearing denied, 297 U. S. 728, 56 S. Ct. 592 (1936).

Recommended Citation

CRIMINAL LAW AND PROCEDURE - HABITUAL CRIMINAL ACT - PRIOR CONVICTIONS - PLEADING AND TRIAL, 35 Mich. L. Rev. 143 (1936).
Available at: https://repository.law.umich.edu/mlr/vol35/iss1/16