Legal Opinion

People v. Rice

New York County Court, Kings County

Decided December 7, 1938Published

1Opinion of the CourtBrancato, J.

The defendant pleaded guilty to an attempt to commit bigamy, a felony, and the question now is, whether he is to be sentenced as a second offender pursuant to the provisions of section 1941 of the Penal Law which justifies such punishment where a person who, after having been once or twice convicted of a felony under the laws of any other State of a crime which, if committed within this State, would be a felony, commits any felony within this State, etc.

*592In 1919 the defendant married one Mary Wright, from whom he has never been divorced and who still is his legal wife. On October 1, 1922, he…

2Cases cited7 opinions

  1. Kelly v. PeopleIllinois Supreme Court · 1886
  2. People v. AdamsMichigan Supreme Court · 1893
  3. People v. DaceyNew York Court of General Session of the Peace · 1938
  4. People v. VoelkerAppellate Division of the Supreme Court of the State of New York · 1927
  5. People v. CorbettAppellate Division of the Supreme Court of the State of New York · 1900

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