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PEOPLE EX REL. LA SHOMBE v. JACKSON

8 A.D.2d 650 (1959)

The People of the State of New York ex rel. Ralph La Shombe, Respondent, v. J. Vernel Jackson, as Warden of Clinton Prison, Appellant

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

April 23, 1959

On October 14, 1947 relator was convicted in St. Lawrence County Court of assault, second degree. The petition for the writ of habeas corpus alleges, without any pleading of fact, the legal conclusion that "at the time of sentence" on the 1947 conviction "there was [a] failure to comply with the mandate prescribed by Section 472 of the Code of Criminal Procedure". On May 23, 1955 relator was sentenced in St. Lawrence County Court under an indictment charging assault, grand...

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