PEOPLE EX REL. BESSER v. RUTHAZER


1 Misc.2d 663 (1955)

The People of the State of New York ex rel. Philip Besser, Relator, v. Herman J. Ruthazer, as Warden of City Prison of the City of New York, County of New York, Defendant.

Supreme Court, Special Term, New York County.

November 23, 1955.


Attorney(s) appearing for the Case

Julius S. Impellizzeri for relator.

Frank S. Hogan, District Attorney (Richard E. Denzer of counsel), for defendant.


GAVAGAN, J.

The relator seeks a writ of habeas corpus. It is conceded that, after a Grand Jury refused to indict the relator, a Judge of the Court of General Sessions, of his own volition and without application of the District Attorney, directed that the charge be resubmitted to a different Grand Jury but that neither the dismissal nor the order for resubmission be exhibited to the jurors. This direction was obeyed by the District Attorney and the second...

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