People Ex Rel. Bullock v. . Hayes
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 5, 1915, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relateor to custody. The facts, so far as material, are stated in the opinion. By reason of the proceedings had under the indictment for manslaughter relator was put in jeopardy for the offense charged in the murder indictment.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 5, 1915, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relateor to custody. The facts, so far as material, are stated in the opinion. By reason of the proceedings had under the indictment for manslaughter relator was put in jeopardy for the offense charged in the murder indictment. Therefore, a trial under the latter indictment would be in violation of the Constitution. (N. Y. Const, art. 1, § 6; People ex rel. Stabile v. Warden,…
1Opinion of the Court
Per Curiam :
The relator killed his wife and was indicted for manslaughter. On the trial under this indictment the jury disagreed. Subsequently he was indicted for murder in the first degree because of the same homicide and taken into custody. This writ was then sued out on the ground that the trial under the indictment for manslaughter placed him in jeopardy and that, therefore, he could not be tried on the present indictment, which has superseded the former one, without being placed in jeopardy a second time.
On the appeal two questions were presented. The first one was the one just suggested…
2Cases cited1 opinion
- People Ex Rel. Stabile v. . Warden, Etc.New York Court of Appeals · 1911
3Cited by23 opinions
- People Ex Rel. Brinkman v. BarrNew York Court of Appeals · 1928
- De Canzio v. KennedyAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Childs v. KnottAppellate Division of the Supreme Court of the State of New York · 1919
- People v. Benson, New York County Courts1955
- People v. RybackNew York Court of Appeals · 1957
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