PEOPLE EX REL. SHANNON v. COMBS


4 Misc.2d 817 (1956)

The People of the State of New York ex rel. Donald J. Shannon, Relator, v. Jesse P. Combs, as Sheriff of the County of Nassau, Respondent.

Supreme Court, Special Term, Nassau County.

December 24, 1956.


Attorney(s) appearing for the Case

Joseph P. Fallon for relator.

Frank A. Gulotta, District Attorney (Henry Devine of counsel), for respondent.


MARCUS G. CHRIST, J.

The petitioner by writ of habeas corpus attacks the jurisdiction of the District Court of Nassau County to convict him and cause him to be imprisoned. It is claimed that the acts complained of as set forth in the information do not constitute a crime under section 43 of the Penal Law. The information states that "the defendant did wilfully, wrongly and unlawfully violate the provisions of section 43 of the Penal Law of the State of...

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