People ex rel. Mullin v. Moore

Order affirmed, without costs. Memorandum: We affirm this order because no ground appears why an order of mandamus or habeas corpus should issue against the warden of Auburn Prison. The return of the warden shows that the relator is being held under a valid commitment upon a conviction of forgery, the sentence being for ten years’ imprisonment, which has not yet expired. While there is question whether on the facts stated by the relator there was a violation of his conditional discharge (Correction Law, § 243; Report of the Attorney-General for 1909, p. 804), inasmuch as the crime for which…