MELLITZ, J.
The defendant was sentenced in the Superior Court as a habitual criminal under the Indeterminate Sentence Act, General Statutes § 54-121, after having been found guilty of forgery and of having been twice before convicted, sentenced and imprisoned in a state prison. The assignments of error present two issues: (1) whether the defendant could legally be charged and sentenced under the act when, by its terms, it is applicable to a person
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