People ex rel. Jaffe v. Henderson

Upon a plea of guilty to a charge of having sold obscene literature, in violation of subdivision 1 of section 1141 of the Penal Law, the City Court, Criminal Branch, of the City of Rochester, sentenced relator to serve a term of one year in the Monroe County Penitentiary, and to pay a fine of $500. This is defendant’s appeal for the People (Civ. Prac. Act, § 1275) from the order of the Special Term sustaining relator’s writ of habeas corpus, and discharging him from custody, upon the ground that the City Court did not have jurisdiction of the charge, or authority to pronounce the sentence.…