State v. Cass

PONDER, Justice.

This is an appeal from a judgment overruling a motion to correct a sentence.

The defendant was arraigned on an information charging him with being a third offender and upon his pleading guilty to the charge was sentenced on March 20, 1934, to serve not less'than four years nor more than eight years in the penitentiary. On May 5, 1937 the defendant, through counsel, filed a motion to correct the sentence heretofore imposed, for the reason that the mover cannot be sentenced as a triple or third offender under Act No. 15 of the General Assembly of 1928, unless and until he had…