People ex rel. Kawiecki v. Carhart

Upon the return of habeas corpus the relator asks for his release from imprisonment upon the ground that there was no jurisdiction in the court which committed him.

It appears that the relator John Kawiecki was arrested in the city of Albany without a warrant and taken before a justice of the peace in the town of East Greenbush, Bensselaer county, and there charged with the crime of assault, second degree, upon an information being laid by members of the New York State Police. He was then informed by the justice of the peace that he could not fix bail inasmuch as the charge laid was a felony,…