PEOPLE EX REL. DI MAGGIO v. JACKSON


3 A.D.2d 626 (1956)

The People of the State of New York ex rel. Louis Di Maggio, Appellant, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent

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

December 20, 1956


Appellant's contention is that he was placed in double jeopardy by reason of the following facts. He was tried in the Court of General Sessions of New York on an indictment containing four counts. 1. burglary third degree; 2. attempted grand larceny first degree; 3. possession of burglar's instruments after a prior conviction; 4. burglary third degree. Appellant was convicted on counts 1 and 4, but was acquitted on counts 2 and 3. When he was about to be sentenced an information...

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