People Ex Rel. Kondrk v. Foster

Loughran, Ch. J.

This is a habeas corpus proceeding. For the sake of clarity, the relator will be called the defendant.

In September, 1932, he was indicted by the Chemung County Grand Jury on four counts. The first count charged burglary in the third degree, alleging that the defendant, on or about August 25,1932, broke and entered a garage of the Clute Motor Company at Elmira, New York, with intent to steal therefrom personal property of that company and its patrons. The second count charged grand larceny in the second degree, alleging that “ asa part of the same transaction, at the same time…