People ex el. Greenwell v. McNeill

Relator appeals from an order dismissing a writ of habeas corpus and remanding his brother, a prisoner sentenced to a city penitentiary, to the custody of the superintendent of a State hospital *913for the criminal insane. Order affirmed, without costs. Relator contends that the prisoner’s transfer to the hospital was unlawful because the order of transfer purported to adjudge the prisoner insane without notice and without a hearing. In that respect the order was a nullity. Under section 408 of the Correction Law (Cons. Laws, chap. 43), pursuant to which the transfer was made, the justice who…