Summary
In People ex rel. Wheeler v. Johnston (14 A.D.2d 931) we held on authority of People ex rel. Brown v. Johnston (9 N.Y.2d 482) that he was entitled to a hearing on the issue of his sanity.
Summary of this case from People ex Rel. Wheeler v. JohnstonOpinion
November 16, 1961
Appeal from an order of the Supreme Court at Special Term in Clinton County which denied petitioner's application for a writ of habeas corpus. Upon the authority of People ex rel. Brown v. Johnston ( 9 N.Y.2d 482) and the consent of the Attorney-General, the order is reversed, on the law and the facts, without costs, and the matter remitted to Special Term for further proceedings. Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.