KELLEY, Justice.
The defendant was convicted of second-degree burglary (Count I) and theft (Count II) and was then tried and convicted by the same jury of having been previously convicted of possession of burglary tools (Count III) and conspiracy to commit burglary (Count IV) for the purpose of enhancing sentences under the habitual criminal statute.
The defendant was sentenced to a term in the penitentiary of not less than 40 years nor more than 50 years...
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