People ex rel. Polakowski v. Silberglitt

The petitioner seeks by writ of habeas corpus to secure his release from the City Prison, where he is now detained pursuant to an indictment for murder in the first degree.

Petitioner was indicted for murder in the first degree and the case was submitted to the jury on three counts: murder in the first degree, murder in the second degree, manslaughter in the first degree. It appears that the Judge, in his charge, instructed the jury that they could consider each of the counts in the indicated order. As is customary and proper he stated *22that if they acquitted the petitioner of murder in the…