People ex rel. Bailey v. McCann

The learned court at Special Term made an order sustaining a writ of habeas corpus and discharging this relator from custody. This writ was issued and sustained notwithstanding that relator was tried and convicted in the Court of Special Sessions upon the charge of a misdemeanor, that of personating an officer, in violation of section 931 of the Penal Law (as amd. by Laws of 1921, chap. 257). After conviction he was sentenced to the penitentiary and then sued out this writ. The warden of the penitentiary made return to the writ, setting forth as the cause of the relator’s detention the final…