People ex rel. Besser v. Ruthazer

Respondent warden, represented by the District Attorney of New York County, appeals from the granting of a writ of habeas corpus, the discharge of relator, the exoneration of his bail, and the dismissal of the indictment pending against him in the Court of General Sessions.

The writ was granted on the ground that the indictment had resulted from a submission to a second Grand Jury, without showing of cause or additional evidence, on motion of a Judge of the Court of General Sessions, after a first Grand Jury had returned no bill against relator.

Of course, Special Term had no power to dismiss…