People ex rel. Mummiani v. Jackson

The petitioner has appealed from an order of the County Judge of Clinton County dismissing a writ of habeas corpus. On April 8, 1932, petitioner pleaded guilty to the crime of murder in the second degree and was sentenced to State prison for a minimum of not less than thirty years and a maximum of not more than life, and five years were added as increased punishment pursuant to section 1944 of the Penal Law. The Appellate Division, Second Department, sustained a writ of habeas corpus and remitted the matter to the Court of General Sessions to determine whether or not petitioner was armed at…