New York County Court, Kings County December 7, 1938 (People v. Rice)

Brancato, J.

The defendant pleaded guilty to an attempt to commit bigamy, a felony, and the question now is, whether he is to be sentenced as a second offender pursuant to the provisions of section 1941 of the Penal Law which justifies such punishment where a person who, after having been once or twice convicted of a felony under the laws of any other State of a crime which, if committed within