Legal Opinion

People ex rel. Dent v. Martin

New York Supreme Court

Decided April 8, 1946PublishedCited by 1 opinion

1Opinion of the CourtHinkley, J.

Return of a writ of habeas corpus.

The relator questions the jurisdiction of the sentencing court. That court added to relator’s sentence of fifteen to seventeen years for robbery, an additional sentence of five years for being armed.

Habeas corpus would seem to be the proper remedy. The contention is that the imposition of the additional sentence- was without warrant of law and without the jurisdiction of the court, (People ex rel. Tweed v, Liscomb, 60 N. Y. 559; Matter of Morhous v. N. Y. Supreme Court, 293 N. Y. 131; People ex rel. Hubert v. Kaiser, 206 N. Y. 46.)

*96At the time of the sentence…

2Cases cited8 opinions

  1. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  2. Matter of Morhous v. N.Y. Supreme CourtNew York Court of Appeals · 1944
  3. People Ex Rel. Hubert v. . KaiserNew York Court of Appeals · 1912
  4. People v. CarusoNew York Court of Appeals · 1928
  5. People v. KrennenNew York Court of Appeals · 1934

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. People ex rel. Dent v. MartinAppellate Division of the Supreme Court of the State of New York · 1947

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