CUMBO v. STATE


326 S.W.2d 454 (1959)

Charles Irvin CUMBO, alias Charlie Ervin Cumbo, v. STATE of Tennessee.

Supreme Court of Tennessee.

Rehearing denied July 27, 1959.


Attorney(s) appearing for the Case

Len G. Broughton, Jr., Knoxville, for plaintiff in error.

Thomas E. Fox, Asst. Atty. Gen., for the State.


TOMLINSON, Justice.

The indictment charged Cumbo with burglary, and as being an habitual criminal, within this State's statutory definition thereof, § 40-2801, T.C.A. From his conviction and sentence he prosecutes this appeal in error. He concedes that the evidence justifies the conviction of the burglary, but insists that there is no legal evidence in support of the finding that he is an habitual criminal.

The indictment alleges his conviction in North...

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