People ex rel. Epstein v. Lawes

The above-named relators seek by way of a writ of habeas corpus to obtain their discharge from imprisonment upon the ground that the judgment of conviction is void in that it was based upon the verdict of a jury which had been discharged from consideration prior to the submission to the jury of the issue of guilt.

The indictment was framed under the provisions of section 279 of the Code of Criminal Procedure (as amd. by Laws of 1936, chap. 328, § 1), the legality of which has recently been upheld by our Court of Appeals (People ex rel. Pincus v. Adams, 274 N. Y. 447). The extraordinary grand…