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PEOPLE EX REL. COOPER v. MARTIN

5 A.D.2d 736 (1957)

The People of the State of New York ex rel. John Cooper, Respondent, v. Walter B. Martin, as Warden of Attica Prison, Respondent, and The People of the State of New York, Appellant

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

December 19, 1957

Relator has been convicted of carnal abuse of a child as a felony and sentenced to a term of from one day to life. After serving some time in prison he has been released on a writ of habeas corpus on the ground the offense stated in the indictment was not a felony, but a misdemeanor. The indictment alleges that on December 20, 1954 the offense was committed with a child "of the age of 10 years". The statute at that time provided...

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