People ex rel. Smith v. Murphy

Appeal from an order of the Special Term, entered April 11, 1938, in the Clinton county clerk’s office, dismissing a writ of habeas corpus, and remanding the prisoner. The relator was sentenced to Sing Sing on a plea of guilty to an indictment charging him with the possession of burglar tools, after a previous conviction of felony. According to the relator’s brief he had been convicted of four previous felonies. The district attorney filed an information charging these various convictions, and the relator admitted his identity. Thereupon he was sentenced under section 1942 of the Penal Law.…