People ex rel. Goldstein v. Clancy

Thomas, J.:

The relator appeals from an order dismissing a writ of habeas corpus. He was imprisoned upon a judgment of conviction, entered in the Court of General Sessions of the Peace of the county of Hew York. The indictment charged grand larceny in the second degree as a second offense, but thereafter, and pending trial, the judgment of conviction on the first offense was reversed. After the jury was selected but before it was sworn, the district attorney discovered the reversal of the earlier conviction and stated that he would abandon the charge of second offense, and try the defendant as…