People v. Farda

The defendant-petitioner, presently incarcerated as a third felony offender, seeks again to vacate the judgment of conviction in February, 1944 for rape in the second degree (defendant’s second conviction).

1. The defendant’s first allegation is that the indictment charging him with the crime of rape in the second degree, charged and committed as a second offense does not set forth that the defendant was then over the age of 21 years.

This same contention was set forth in previous applications for a writ of error coram nobis by this defendant. These applications were denied by orders dated…