People ex rel. Gagliano v. Warden of City Prison

This is a hearing upon a writ of habeas corpus issued out of this court by Theresa Capra, a sister of the relator Joseph Gagliano, wherein it is alleged that the said relator is illegally imprisoned and detained of his liberty in violation of section 5 of article I of the Constitution of the State of New York and Amendment Eighth of the Constitution of the United States.

The relator was arrested on December 17, 1946, .upon charges of feloniously selling five ounces of heroin and conspiring to violate sections 1751 and 1751-a of the Penal Law and article 22 of the Public Health Law and to…