People ex rel. Johnson v. Martin

The People have appealed from an order of the Wyoming County Court which sustained the relator’s writ of habeas corpus and discharged him from the custody of the Warden of Attica State Prison. On May 27, 1947, the relator, then twenty years of age, upon his plea of guilty to the crime of burglary, third degree, was sentenced in the County Court of Yates County in the following manner:

“ Ordered and Adjudged by the Court, that the said Gerald Eufus Johnson for the (felony) be committed to the Eeception Center of the Department of Correction at Elmira, New York, for classification and…