People ex rel. Ammon v. Johnson
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Robert A. Ammon, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 28th day of May, 1906, overruling the relator’s demurrer to the respondent’s return in the above-entitled habeas corpus proceeding and dismissing the writ theretofore issued.
1Opinion of the Court
Woodward, J.:
The relator, Robert A. Ammon, was convicted under the provisions of section 550 of the Penal Code, on the 29th day of June, 1903, and sentenced to a term in State prison of not more than four years and six months, and not less than four years, under the provisions of section 687a of the Penal Code. The crime of which the relator was convicted was committed in the year 1899, and he now claims that his sentence was illegal, and that he is entitled to be discharged in this proceeding. We shall assume, without discussion, that habeas corpus is the correct proceeding and that the…
2Cases cited2 opinions
- Dimmick v. TompkinsSupreme Court of the United States · 1904
- People Ex Rel. Schali v. . DeyoNew York Court of Appeals · 1905
3Cited by3 opinions
- People ex rel. Thaw v. LambNew York Supreme Court · 1909
- People ex rel. Hughes v. JenningsNew York Supreme Court · 1928
- People v. KellyAppellate Division of the Supreme Court of the State of New York · 1954