People ex rel. Fernandez v. Kaiser

Relator is serving a sentence of fifteen years in a State prison and is seeking release under the claim that his sentence was in violation of article 1, section 6, of the Constitution of the State, as involving a second jeopardy.

On October 5, 1927, while on trial on two charges in the County Court of Erie county, the county judge informed the district attorney that relator had been previously convicted. Thereupon, pursuant to section 1943 of the Penal Law (added by Laws of 1926, chap. 457), the district attorney made and presented an information charging him with two previous convictions for…