People ex rel. Pettibone v. Superintendent of the New York State Reformatory at Elmira

The relator is confined in the Elmira State Reformatory under sentence by the judge of the City Court of Hornell. He alleges that the judge of said court had no jurisdiction of the crime for which he was convicted and sentenced.

“ That which may be examined on the return of a writ of habeas corpus is whether jurisdiction of the person and of the crime charged was in the court pronouncing the judgment.” (People ex rel. Bailey v. McCann, 222 App. Div. 465, 466.) The defendant could not confer jurisdiction of the offense by consent. In People ex rel. Wojek v. Henderson (134 Misc. 228) the…