People v. Smith

This is a proceeding in the nature of coram nobis. A hearing has been held at which time the defendant and his counsel asserted that no factual issue was raised. The defendant relies solely on the question of law presented.

The defendant was indicted for the crimes of grand larceny in the second degree and for criminally receiving the same property. He was found guilty of both crimes by a jury. On January 12, 1934, he was sentenced for both crimes to the penitentiary. No appeal was taken.

Since his conviction aforesaid, he was sentenced as a second felony offender in another county. If…