People ex rel. Wilson v. Fay

In this habeas corpus proceeding, the relator contends that he was improperly convicted and sentenced as a second felony offender in 1938, in the County Court of Queens County, N. Y., by reason of the fact that a previous conviction in 1928, in the State of North Carolina was for a crime which would not have been a felony if committed in the State of New York.

The relator argues that the North Carolina statute under which he was convicted in. 1928, contains the phrase “ break or enter ” but does not set forth the words “ break and enter ”, such as are contained in the burglary statutes of this…