PEOPLE EX REL. POULOS v. McDONNELL


277 A.D. 779 (1950)

The People of the State of New York ex rel. John Poulos et al., Respondents, v. Thomas McDonnell, as Warden of The City Prison, Respondent, and The People of the State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 8, 1950.


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...

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