People ex rel. Pulko v. Murphy

The relator was indicted by the grand jury of Cayuga county in October, 1928, charged with the crime of escape *383from Auburn Prison on the 8th day of June, 1928, to which prison he had been lawfully sentenced for felony on February 20, 1925, for a term of ten years, by the County Court of Onondaga county. The relator was arraigned in the County Court of Cayuga county under this indictment and pleaded not guilty. A jury was impaneled, the People swore five witnesses, and rested. No defense was offered in behalf of the relator; but a motion was made by his counsel to dismiss the indictment and to…