Bishop v. Supreme Court of the State

This is an application by the petitioner pursuant to article 78 of the Civil Practice Act for an order of prohibition to prevent his trial on the charge of carnal abuse as a felony.

An indictment was returned on December 8, 1960, charging the petitioner with the crime of carnal abuse of a child as a felony, based upon his prior conviction of carnal abuse in 1937. On December 15, 1960 an order vacating the judgment of conviction in 1937 was entered and thereafter on January 9, 1961 a notice of appeal was filed from such order.

The petitioner, through his attorney, on January 9,1961 moved for…