Horace Gray

“ It is within the discretion of the legislature of the state to treat former imprisonment in another state as having the like effect as imprisonment in Massachusetts, to show that the man 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. The statute, imposing a punishment on none but future crimes, is not ex post facto. It affects alike all persons similarly situated, and therefore does not deprive anyone of the equal protection of the laws. ”

“ The punishment is for the new crime only, but is the heavier if he is an habitual criminal. Statutes imposing aggravated penalties on one who commits a crime after having already been twice subjected to discipline by imprisonment have long been in force in Massachusetts; and effect was given to previous imprisonment, either in Massachusetts or elsewhere in the United States, by the statute of 1827, chap. ”

“ Missouri, 159 U.S. 673, 40 L. ed. 301, 16 Sup. Ct. Rep. 179; Ross's Case, 2 Pick. 165; Com. v. Graves, 155 Mass. 163, 16 L. R. A. 256, 29 N. E. 579; Sturtevant v. Com. 158 Mass. 598, 33 N. E. 648; Com. ”