People ex rel. Smith v. McClellan

George H. Taylor, Jr., J.

The relator is detained by virtue of a judgment of the County Court of Nassau county, rendered May 29, 1928, convicting the defendant of the crime of omission of duty, which concededly is a misdemeanor. (Penal Law, § 1857.) He was sentenced to serve a term of ten months. The relator contends in effect that the said judgment was not rendered by a court of competent jurisdiction; that the grand jury which indicted him was without jurisdiction to find, and that the County Court was absolutely lacking in jurisdiction to try, the indictment which preceded his conviction;…