Defendant, a third felony offender, moves for resentence on the ground that his prior conviction in South Carolina in 1941 was improperly regarded by this court as a felony. He does not contest his other prior felony.
The South Carolina statute under which defendant pleaded guilty relates to "Housebreaking" and is as follows: "Every person who shall break and enter, or who shall break with intent to enter, in the daytime...
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