People Ex Rel. Harrison v. Jackson
New York Court of Appeals
I. A proceeding by habeas corpus is the proper remedy for one circumstanced as is relator. (People ex rel. Marcley v. Lawes, 254 N. Y. 249; People ex rel. Sloane v. Lawes, 255 N. Y. 112; People ex rel. Garollo v. Brophy, 294 N. Y. 540; People ex rel. Newman v. Foster, 297 N. Y. 27; People ex rel. Milton v. Jackson, 297 N. Y. 708; People ex rel. Mueciolo v. Snyder, 295 N. Y. 866; People ex rel. Romano v. Brophy, 280 N. Y. 181; People ex rel.
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I. A proceeding by habeas corpus is the proper remedy for one circumstanced as is relator. (People ex rel. Marcley v. Lawes, 254 N. Y. 249; People ex rel. Sloane v. Lawes, 255 N. Y. 112; People ex rel. Garollo v. Brophy, 294 N. Y. 540; People ex rel. Newman v. Foster, 297 N. Y. 27; People ex rel. Milton v. Jackson, 297 N. Y. 708; People ex rel. Mueciolo v. Snyder, 295 N. Y. 866; People ex rel. Romano v. Brophy, 280 N. Y. 181; People ex rel. Jones v. Brophy, 287 N. T. 687; People ex rel. Frey y. Warden, 100 N. Y. 20; Matter of Albiniano, 123 A. L. R. 441; People ex rel. Batista v. Christian,…
1Opinion of the CourtCoNway, J.
We have presented to us for our consideration a petition for a writ of habeas corpus verified in April, 1946, together with the writ and the minutes of the hearing held thereon. The relator was sentenced as a fourth offender, pur suant to section 1942 of the Penal Law in June, 1942. The claim of the relator is that in September, 1925, at the time of the commission of the first of the four felonies of which he has been convicted, he was under the age of sixteen years and that therefore the County Court of Kings County was without jurisdiction to try or sentence him.
After the taking of…
2Cases cited13 opinions
- Bute v. IllinoisSupreme Court of the United States · 1948
- Matter of Morhous v. N.Y. Supreme CourtNew York Court of Appeals · 1944
- People Ex Rel. Carr v. MartinNew York Court of Appeals · 1941
- People Ex Rel. Wachowicz v. MartinNew York Court of Appeals · 1944
- People v. HarcqNew York Court of Appeals · 1944
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. McCulloughNew York Court of Appeals · 1949
- People Ex Rel. Sedlak v. FosterNew York Court of Appeals · 1949
- United States v. RockowerCourt of Appeals for the Second Circuit · 1948
- People v. Chin Min FooNew York Supreme Court · 1989
- People v. GorneyNew York Supreme Court · 1951
18 more not listed; retrieve them via the Exa API.