People v. Domenico

WOOD (Fred B.), J.

Defendant was tried upon an indictment * which charged, in Count I, burglary (violation of Pen. Code, § 459) with intent to commit theft and armed with a deadly weapon at the time, and, in Count II, violation of the Dangerous Weapons Control Law of 1923 (1 Deering’s Gen. Laws, Act 1970, § 2), possession of a firearm capable of being concealed upon the person, defendant having theretofore been convicted of a felony (grand theft) by the Court of General Sessions, County of New York, State of New York.

Following these two counts, the indictment alleged, as a “prior conviction,”…