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PEOPLE EX REL. HORNBECK v. JACKSON

7 A.D.2d 689 (1958)

The People of the State of New York ex rel. George H. Hornbeck, Jr., 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.

November 10, 1958

On relator's prior appeal (6 A.D.2d 924) we decided that the contention that there had been a merger of the crime of rape and sodomy on which he was convicted was not a jurisdictional question available on habeas corpus. By this writ of habeas corpus he seeks to determine that there was a double jeopardy arising from these same charges to which relator had pleaded guilty. The record before us does not demonstrate double jeopardy; and where...

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