From Casetext: Smarter Legal Research

People ex Rel. Simone v. Wasmer

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 1944
267 App. Div. 1036 (N.Y. App. Div. 1944)

Opinion

May 10, 1944.

Present — Cunningham, P.J., Taylor, Dowling, Harris and McCurn, JJ.


Order reversed on the law, without costs of this appeal to either party, and proceeding dismissed, without costs, and relator remanded into the custody of the Sheriff of Onondaga County, on the ground that both the information and the testimony taken at the Special Term showed justification for the arrest. Therefore, habeas corpus does not lie. All concur. (The order sustains a writ of habeas corpus and discharges relator from custody.)


Summaries of

People ex Rel. Simone v. Wasmer

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 1944
267 App. Div. 1036 (N.Y. App. Div. 1944)
Case details for

People ex Rel. Simone v. Wasmer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. SAMUEL SIMONE, Respondent…

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

Date published: May 10, 1944

Citations

267 App. Div. 1036 (N.Y. App. Div. 1944)