State v. Daley

The defendant was sentenced in the Superior Court as a habitual criminal under the Indeterminate Sentence Act, General Statutes § 54-121, after having been found guilty of forgery and of having been twice before convicted, sentenced and imprisoned in a state prison. The assignments of error present two issues: (1) whether the defendant could legally be charged and sentenced under the act when, by its terms, it is applicable to a per son who has been twice before convicted, that is, to a third offender, and here the court was aware that the defendant was a fourth offender'; and (2) whether the…