People ex rel. Erhardt v. Foster

The above proceeding was instituted by the relator in the nature of a petition “ For Order to Show Cause ”. Its object was to secure the release of the relator from Auburn State Prison. The proceeding was submitted to the undersigned at the Lyons Special Term on December 2, 1944, but, by reason of the rather novel question involved, on this court’s order the matter was adjourned for further hearing at the Cayuga County Special Term in Auburn, held by the undersigned on December 30, 1944, and this court issued a writ of habeas corpus to bring the relator before the court at the Auburn Term.

The…