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People ex Rel. Poulos v. McDonnell

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1950
277 App. Div. 779 (N.Y. App. Div. 1950)

Opinion

May 8, 1950.


In a habeas corpus proceeding, order sustaining a writ of habeas corpus, discharging relators from custody and exonerating bail, affirmed. The presentation to the jury of the issue of guilt of the relators of the crime of assault in the third degree was an incident or outgrowth of an indictment charging them with assault in the second degree, of which latter degree they were acquitted. The indictment thus having been disposed of, there is no charge by way of indictment, or information, or other lawful process pending against them. Nor can they be retried for an inferior degree of the crime of which they were charged in the indictment and acquitted. (Penal Law, § 32.) Nolan, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur. [ 198 Misc. 569. ] [See post, p. 797.]


Summaries of

People ex Rel. Poulos v. McDonnell

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1950
277 App. Div. 779 (N.Y. App. Div. 1950)
Case details for

People ex Rel. Poulos v. McDonnell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOHN POULOS et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 8, 1950

Citations

277 App. Div. 779 (N.Y. App. Div. 1950)