People v. Shaw

This defendant was convicted of the crime of conspiring to commit a robbery. The People contend that he should be sentenced as a second felony offender because of a conviction in 1947 while in the armed services. It is undisputed that the reviewing authority, having the power of confirmation or disapproval of court-martial proceedings (U. S. Code, tit. 10, § 1520 [Articles of War, art. 49], [1946 ed.]) approved only the finding of defendant’s guilt of the nonfelonious offense of possession of a weapon and made no mention of the other more serious finding, namely, that the defendant committed…