The appellant was sentenced as a second offender upon the theory that a prior conviction of the appellant, while he was in military service, of a violation of the 96th Article of War constituted a prior felony conviction within the meaning of section 1941 of the Penal Law. The appellant had been charged with violating the 93d and 96th Articles of War by making and uttering a forged check. He was found not guilty of violating the 93d Article, which listed forgery among the...
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