People ex rel. Schali v. Deyo
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie relator, Joseph Schali, from an order of the Supreme Court, entered in the office of the clerk of the county of Albany on the 28th day of December, 1904, dismissing a writ of habeas corpus theretofore granted in behalf of the relator and remanding him to the custody of thp defendant.'
1Opinion of the Court
Houghton, J.:
In the County Court of Albany county on the 6tli day of May, 1903, Frank Sell all was convicted of the crime of assault in the second degree committed in the January previous.
The crime is punishable, exclusive of fine, by imprisonment in a penitentiary or State prison for a term not exceeding five years. (Penal Code, § 221.) It was his first conviction, and it was the duty of the court to sentence him according to the provisions of section 687a of the Penal Code. That section provides that upon conviction of any person never before convicted of a crime the maximum penalty for…
2Cases cited2 opinions
- People ex rel. Adams v. JohnsonNew York Supreme Court · 1904
- People ex rel. Willis v. SageAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- People ex rel. Bernoff v. JacksonAppellate Division of the Supreme Court of the State of New York · 1945