Legal Opinion

People ex rel. North v. Skinner

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1952PublishedCited by 6 opinions

1Opinion of the CourtWheeler, J.

Relator has been rearrested under a warrant issued upon a new information laid after the dismissal of a prior information during a trial upon identical charges arising out of the same set of facts. His application'for a writ of habeas corpus is founded upon the alleged violation of his constitutional right to be not twice jeopardized for the same offense. (N. Y. Const., art. I, § 6.)

After the trial upon the prior information had been started and testimony taken, an obvious typographical error was dis-" covered in the affidavit in support of the information, creating a discrepancy between the…

2Cases cited4 opinions

  1. People Ex Rel. Meyer v. WardenNew York Court of Appeals · 1936
  2. People v. . MeakimNew York Court of Appeals · 1892
  3. People v. MeakimNew York Supreme Court · 1891
  4. People ex rel. Weiner v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1932

3Cited by6 opinions

  1. People v. KeyNew York Court of Appeals · 1978
  2. Chang v. RotkerAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. BishopNew York Supreme Court · 1962
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1983
  5. People v. LaspinaCriminal Court of the City of New York · 1987

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