People ex rel. Malone v. Johnston

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated April 23, 1971, which dismissed the writ, nunc pro time, upon a decision dated November 6, 1970. On this court’s own motion, the notice of appeal is amended so as to indicate the correct date of the judgment, i.e., April 23, 1971. Judgment affirmed, with*586out costs. A defendant will not be allowed to stand trial on the charges against him if the court is of the opinion that he is in “ such state of idiocy, imbecility or insanity as to be incapable of understanding the charge against him…