KNIGHT, District Judge.
The relator was convicted of burglary in the third degree on an indictment charging him as a fourth offender. The sole question involved upon this application for a writ is whether this conviction is in violation of relator's constitutional right to a fair trial, in view of the provision in Section 1943 of the Penal Law of the State of New York, Consol.Laws, c. 40, whereby after trial and conviction proof could be made of a prior conviction...
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