PEOPLE EX REL. BIANCULLI v. McDONNELL


278 A.D. 782 (1951)

The People of the State of New York ex rel. Alexander Bianculli, Respondent, v. Thomas McDonnell, as Warden of The City Prison, Respondent. The People of the State of New York, Appellant

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

April 16, 1951.


Order, insofar as it sustains the writ and discharges relator from the custody of the warden of the city prison, reversed on the law and the writ dismissed.

Relator was indicted for the crime of murder in the second degree. The indictment contained but one count, charging that crime, but was sufficient to sustain a conviction of the crime charged, or of manslaughter. On the trial, at the conclusion of the People's case, the relator's attorney moved to dismiss the...

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