People v. Brown

Defendant, a third felony offender, moves for resentence on the ground that his prior conviction in South Carolina in 1941 was improperly regarded by this court as a felony. He does not contest his other prior felony.

The South Carolina statute under which defendant pleaded guilty relates to “ Housebreaking ” and is as follows: “ Every person who shall break and enter, or who shall break with intent to enter, in the daytime, any dwelling house or other house, or who shall break and enter or shall break with intent to enter, in the nighttime, any house, the breaking and entering of which would…