People ex rel. Schoen v. Murphy

The order dismissing the writ should be reversed and the matter remitted to the County Court for proof concerning the assertion that on August 17, 1934, the New York State Parole Board granted the relator a parole on his indeterminate sentence of three and a half years minimum to ten years maximum for robbery in the second degree. The sentence of five to ten years additional for committing the crime while armed with a pistol is illegal for want of jurisdiction. “ The fact that defendant was armed with a dangerous weapon during the commission of the crime is no part of the crime itself.”…