People ex rel. Moskoff v. Weinstock

Relator, who, on behalf of the defendants Mallach and Price sues out this writ of habeas corpus, invokes- the legal principle that no one shall twice be put in jeopardy for the same offense. (N. Y. Const., art I, § 6; Penal Law, §§ 33, 1938; Code Crim. Pro., §§ 9, 139.)

Indicted heretofore on a felony charge of abortion (Penal Law, § 80), such defendants stood trial in the County Court of Queens County, as a result of which such charge against the defendant, Marie Price, was dismissed. As against the defendant Elizabeth Mallach, the jury returned a verdict of not guilty.

Under an information…