People v. Bigley

The defendant was convicted of the crime of burglary, third degree, on April 20, 1938, and on May 2, 1938, he was sentenced as a fourth offender by this court for a term of fifteen years to life.

The vice of this situation is that through inadvertence, and, of course, not with intent, the information filed by the district attorney charging defendant as a fourth offender was concededly false. Among the three previous felonies alleged against defendant was one that charged him with having been convicted of grand larceny, second degree. The records at the time of that trial disclosed that he was…