People v. Ferrara

Defendant appeals from a judgment of conviction, after a jury trial, under a two-count indictment of theft of a value of property under $150 1 in count I and the same theft, “after having been convicted of armed robbery on June 22nd, 19US,” 2 in count II. The jury found the defendant guilty under both charges, but he was given a single sentence of 2 to 4 years in the penitentiary.

The appeal was taken to the Supreme Court which transferred it to this Court, noting,

Defendant was convicted of theft under an indictment which charged that he had previously been convicted of armed robbery. He…