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Legal Opinion

In re Bennett

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

Decided January 10, 1940PublishedCited by 13 opinions

1Opinion of the CourtFoster, J.

Appeal from an order sustaining a writ of habeas corpus and directing the discharge of petitioner. He was arrested under a warrant upon a charge of driving an automobile while intoxicated, in violation of subdivision 5 of section 70 of the Vehicle and Traffic Law. Upon arraignment petitioner pleaded not guilty and furnished bail. Later he demanded and received the return of the bail and was thereupon committed to jail to await trial. He then petitioned the County Court for a writ of habeas corpus, and in that proceeding it was held that the information charging the alleged offense was based…

2Cases cited4 opinions

  1. People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
  2. People Ex Rel. Perkins v. . MossNew York Court of Appeals · 1907
  3. People ex rel. Brown v. TigheAppellate Division of the Supreme Court of the State of New York · 1911
  4. Tanzer v. BreenAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by13 opinions

  1. People v. ScottNew York Court of Appeals · 1957
  2. People v. BelcherNew York Court of Appeals · 1951
  3. People v. BertramNew York Court of Appeals · 1951
  4. People v. MarshallNew York Court of Appeals · 1963
  5. People v. Mezzatesta, New York County Courts1952

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