People v. Swinson

The issue here presented is whether the defendant was properly sentenced as a fourth felony offender upon his conviction of the crime of manslaughter in the first degree. The information filed by the People pursuant to sections 1942 and 1943 of the Penal Law charged that the defendant had thrice previously in North Carolina in 1934, 1936 and 1938 been convicted of the crimes of burglary and that those crimes would have been felonies had they been committed in New York. The proceeding has been passed upon without objection as an application for a writ of error coram nobis and the appellant so…