People ex rel. Fish v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by The People of the State of New York from an order of the Criminal Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 5th day of July, 1916, sustaining a writ of habeas corpus and dismissing an indictment against the relator, filed in the Court of General Sessions of the Peace in and for the County of Mew York and discharging the relator from custody.
1Concurrence
Clarke, P. J. (concurring):
I concur in the opinion of Mr. Justice Laughlin. In People v. Fish (169 App. Div. 22) I concurred in the reversal of the judgment of conviction on the distinct .ground that “defendant was indicted under one clause of a section of the Penal Law, and the conviction is sought to be sustained under another which is not applicable.” He has now been indicted under the proper clause, and it cannot be held that he is put in jeopardy a second time for the same offense. (See Const. art. 1, § 6.)
2Cases cited1 opinion
- People v. FishAppellate Division of the Supreme Court of the State of New York · 1915