People ex rel. Kammerer v. Brophy

Order affirmed, without costs. Memorandum: The crimes in question, practicing law without a license and unlawfully obtaining a fee of $265 for the service rendered, with intent to appropriate the same, though arising out of the same transaction, are not identical crimes. There was, therefore, no double jeopardy and relator’s rights were not prejudiced by the manner in which the *822trial court disposed, of that question. Where the facts are not in dispute, a plea of double jeopardy presents only a question of law. (People v. Smith, 172 N. Y. 210, 226.) According to the record, relator was…