People ex rel. Simmons v. Jackson

Appeal from an order of the County Court of Clinton County, which dismissed a writ of habeas corpus. The facts surrounding the relator’s conviction and sentence in the Cayuga County Court, November 14, 1950, for assault second degree committed while he was a prisoner at Attica State Prison are carefully reviewed in the opinion in the Fourth Department of Mr. Justice Vaughan in People v. Simmons (285 App. Div. 470) which was an appeal from certain orders and a judgment, of the County Court of Cayuga. This habeas corpus proceeding is directed to a somewhat different question than there…