People ex rel. Hannon v. Warden of Penitentiary

Smith, J.:

The relator was convicted of assault in the third degree and sentenced to the penitentiary of the city of New York. The Parole Board granted him a parole4 on condition that he report every two weeks, and he was at once taken by the penitentiary officials to the United States Army authorities and surrendered as a deserter. He was afterwards dismissed from the service. By resolution of the Parole Commission he was afterwards rearrested and sent back to the penitentiary. This writ is for the purpose of procuring his discharge therefrom.

I think the order was wrong. It is claimed that…