People ex rel. Root v. Wasmer

This is the return of a writ of habeas corpus. The question involved is as to whether a Justice of the Peace of the Town of Salina, Onondaga County, New York, who tried and sentenced defendant to serve a term of sixty days in Onondaga County Penitentiary lacked jurisdiction.

*72Defendant Howard J. Boot was brought before Justice Feed J. Boot, similarity of name being coincidental only, on February 4, 1951, on a warrant issued by this Justice the day previous charging defendant with assault in the third degree. Bail was set and an adjournment granted until February 13, when a panel of jurors was…