People ex rel. Hughes v. Jennings

The relator was released from Auburn State Prison upon parole and was afterwards returned thereto for violation of his parole. He claims that he was sentenced as a second offender; that he is not subject to the jurisdiction of the Parole Board and could not be declared delinquent by such Board, and that his imprisonment is illegal.

The relator on June 21, 1907, after conviction of robbery, first degree, was sentenced to twenty years’ imprisonment. The indictment charged that he had previously been convicted of petit larceny. At that time increased punishment was provided upon conviction of a…