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CARTER v. STATE

No. 4515.

378 P.2d 876 (1963)

79 Nev. 89

James Albert CARTER, Appellant, v. STATE of Nevada, Respondent.

Supreme Court of Nevada.

Rehearing Denied March 19, 1963.

Attorney(s) appearing for the Case

Nada Novakovich, Reno, Robert R. Gill, Ely, for appellant.

Harvey Dickerson, Atty. Gen., Carson City, A. D. Demetras, White Pine County Dist. Atty., Ely, for respondent.

THOMPSON, Justice.

The district court found Carter to be a habitual criminal and sentenced him to the Nevada State Penitentiary for a term of not less than 10 nor more than 15 years. NRS 207.010(1); NRS 176.180(2). Carter claims that the sentence is illegal because the record does not establish that he had twice previously been convicted of any crime which, under the laws of Nevada, would amount to a felony. NRS 207.010.

The state proved that Carter had previously...

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