CHRISTOPH v. STATE

No. 29967.

314 S.W.2d 840 (1958)

Ira Mack CHRISTOPH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

June 28, 1958.


Attorney(s) appearing for the Case

Sam Hoover, Pasadena, for appellant.

Dan Walton, Dist. Atty., Fred M. Hooey and Thomas D. White, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DAVIDSON, Judge.

This is a conviction under the so-called habitual-criminal statute, art. 63, P.C., fixing punishment at imprisonment in the penitentiary, upon conviction three times of a felony less than capital, for life.

The sole question for review is the action of the trial court in refusing to permit counsel for appellant to argue before the jury that one of the prior felony convictions was not a final conviction because of an order in the sentence making...

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