People ex rel. Pierce v. Howe

The relator was charged with operating, on the 11th day of July, 1926, while intoxicated, an automobile on a public highway leading from Patchogue to Port Jefferson. He was arraigned before a justice of the peace in the town of Brookhaven, and was held to await the action of the grand jury. Pending the grand jury’s action he was imprisoned in the county jail of Suffolk county. He petitioned for the issuance of a writ of habeas corpus, alleging that his imprisonment was illegal in that by section 56, subdivision 26-b, of the' Code of Criminal Procedure, and section 717 of the same Code, the…