People ex rel. Stokrocki v. Fay

Appeal from an order dismissing a writ of habeas corpus and remanding appellant to the custody of the respondent. On January 18, 1951 appellant, then 17 years of age, and another were indicted for robbery in the first degree (four counts), assault in the first degree, assault in the second degree (three counts), and grand larceny in the first degree. All of the counts in the indictment arose out of the “same transaction”. On March 16, 1951 appellant and his accomplice pleaded guilty to robbery in the second degree (two counts). On imposing sentence on the first count the County Court,…