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COMPILED CODE - Iowa Legislature - State of Iowa

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451<br />

Tit. XXXIII, Ch. 63. HABITUAL CRIMINALS. §§ 9044-9048.<br />

3 onment for life to escape, he shall be imprisoned in the penitentiary<br />

4 not more than ten years.<br />

[C, '51, § 2661; R., '60, § 4288; C, '73, § 3953; C, '97,<br />

§ 4891 ; 39 G. A., ch. 231, § 15.]<br />

CHAPTER 63.<br />

HABITUAL CRIMINALS.<br />

SECTION 9044. Third conviction <strong>of</strong> felony.<br />

1 Whenever any person has been twice convicted <strong>of</strong> either <strong>of</strong> the<br />

2 crimes <strong>of</strong> burglary, robbery, forgery, counterfeiting, larceny where<br />

3 the value <strong>of</strong> the property stolen exceeded twenty dollars, or <strong>of</strong> breaking<br />

4 and entering with intent to commit a public <strong>of</strong>fense any dwelling<br />

5 house, <strong>of</strong>fice, shop, store, warehouse, railroad car, boat, vessel, or build-<br />

6 ing, in which goods, merchandise, or valuable things, were kept for<br />

7 use, sale or deposit, or has been convicted <strong>of</strong> two or more <strong>of</strong> said<br />

8 crimes, and shall thereafter be convicted <strong>of</strong> any one <strong>of</strong> such crimes,<br />

9 committed after such conviction, he shall be imprisoned in the peni-<br />

10 tentiary for any term not more than forty years, provided such former<br />

11 judgments shall be referred to'in the indictment, stating the court,<br />

12 date and place <strong>of</strong> rendition.<br />

[S., '13, § 4871-a; 39 G. A., ch. 231, § 16.]<br />

SEC. 9048. Habitual criminal defined.<br />

1 Whoever has been twice convicted <strong>of</strong> crime, sentenced and com-<br />

2 mitted to prison, in this or any other state, or by the United <strong>State</strong>s, or<br />

3 once in this state and once at least in any other state, or by the United<br />

4 <strong>State</strong>s, for terms <strong>of</strong> not less than three years each shall, upon con-<br />

5 viction <strong>of</strong> a felony committed in this state after the taking effect <strong>of</strong><br />

6 this section, be deemed to be an habitual criminal, and shall be pun-<br />

7 ished by imprisonment in the penitentiary for a term <strong>of</strong> not more than<br />

8 twenty-five years, provided that no greater punishment is otherwise<br />

9 provided by statute, in which case the law creating the greater pun-<br />

10 ishment shall govern.<br />

[S., '13, § 5091-a; 39 G. A.,ch. 231, § 17.]

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