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PEOPLE EX REL. ROOT v. WASMER

201 Misc. 71 (1951)

The People of the State of New York ex rel. Howard J. Root, Relator, v. Robert G. Wasmer, as Sheriff of The County of Onondaga, et al., Defendants.

Supreme Court, Special Term, Onondaga County.

April 9, 1951.

Attorney(s) appearing for the Case

Charles J. Engel for relator.

Jesse E. Cantor, District Attorney (Warren B. Murphy of counsel), for defendants.

SEARL, J.

This is the return of a writ of habeas corpus. The question involved is as to whether a Justice of the Peace of the Town of Salina, Onondaga County, New York, who tried and sentenced defendant to serve a term of sixty days in Onondaga County Penitentiary lacked jurisdiction.

Defendant Howard J. Root was brought before Justice FRED J. ROOT, similarity of name being coincidental only, on February...

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