People ex rel. Di Lapo v. Tutuska

This is a habeas corpus proceeding in Which the petitioner contends that he is unlawfully held in jail and deprived of his liberty by the respondent Sheriff.

The petitioner maintains that his imprisonment is illegal in that the charges of burglary, attempted robbery and carrying and use of dangerous weapon,' contained in Indictments Nos. 27,958-A and 27,958-B, would subject him to double jeopardy in violation of the Fifth and Fourteenth Amendments of the United States Constitution, of section 6 of article I of the New York State Constitution, of section 9 of the Code of Criminal Procedure and…