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PEOPLE EX REL. JONES v. FENNELLY

5 A.D.2d 720 (1957)

The People of the State of New York ex rel. Carrie Jones, Respondent, v. William Fennelly, as Sheriff of The County of Albany, et al., Appellants The People of the State of New York ex rel. Jackie Scott, Respondent, v. William Fennelly, as Sheriff of The County of Albany, et al., Appellants

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

December 19, 1957

These cases differ from People ex rel. Jackson v. Fennelly (5 A.D.2d 71) decided herewith in opinion Per Curiam because the complaints in these two cases were not sworn to before a magistrate or his clerk; and the factual allegation in each petition for habeas corpus that the complaint was not laid before a magistrate is not traversed or disputed.

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