Relator was convicted of murder in the second degree in 1939 in Kings County Court, and was sentenced to a term of twenty years to life. The conviction was the result of a trial for murder in the first degree upon an indictment returned by a Kings County Grand Jury convened for the month of August, 1938, accusing relator of shooting and killing one Castagna on July 5, 1938. It is the relator's contention that this indictment was null and void because the matter had previously...
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