SPENCER v. TEXAS

No. 68.

385 U.S. 554 (1967)

SPENCER v. TEXAS.

Supreme Court of United States.

Decided January 23, 1967.


Attorney(s) appearing for the Case

Michael D. Matheny, by appointment of the Court, post, p. 896, argued the cause for appellant in No. 68. With him on the brief was Joe B. Goodwin. Tom R. Scott argued the cause and filed briefs for petitioner in No. 69. Emmett Colvin, Jr., argued the cause for petitioner in No. 70. With him on the brief were Charles W. Tessmer and Clyde W. Woody.

Leon Douglas argued the cause for appellee in No. 68. With him on the brief were Waggoner Carr, Attorney General of Texas, and Hawthorne Phillips, First Assistant Attorney General. Mr. Phillips argued the cause for respondent in No. 69. With him on the briefs were Mr. Carr, T. B. Wright, Executive Assistant Attorney General, and Lonny F. Zwiener, Gilbert J. Pena and Howard M. Fender, Assistant Attorneys General. Mr. Fender argued the cause for respondent in No. 70. With him on the brief were Messrs. Carr, Phillips, Wright, Pena and Zwiener.

T. W. Bruton, Attorney General, pro se, and Ralph Moody, Deputy Attorney General, filed a brief for the Attorney General of North Carolina, as amicus curiae, in No. 69.


MR. JUSTICE HARLAN delivered the opinion of the Court.

Texas, reflecting widely established policies in the criminal law of this country, has long had on its books so-called recidivist or habitual-criminal statutes. Their effect is to enhance the punishment of those found guilty of crime who are also shown to have been convicted of other crimes in the past. The three cases at hand challenge the procedures employed by Texas...

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