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Recidivist enhancement

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 224 U.S. 616 - James Graham v. State of West Virginia · 1912Most cited · 1,007 citing opinions

The fundamental mistake of the plaintiff in error is his assumption that the judgment below imposes an additional punishment on crimes for which he had already been convicted and punished ... But it does no such thing. ... The punishment is for the new crime only, but is the heavier if he is an habitual criminal. ... The allegation of previous convictions is not a distinct charge of crimes, but is necessary to bring the case within the statute, and goes to the punishment only.