People ex rel. Baumgart v. Martin

The relator instituted this proceeding for a writ of habeas corpus by a petition verified June 4, 1957, claiming that the 40-year-to-life sentence (which is presently being served in Attica Prison) following conviction after trial of the *353crime of murder, second degree, was illegally imposed in that the clerk of the court failed to call the roll of the jurors following their return into court, as required by section 433 of the Code of Criminal Procedure, and that when the jury was polled only 11 of the 12 answered, thereby producing a procedurally irregular verdict which deprived the court of…