PEOPLE EX REL. DAVIDSON v. MURPHY


8 A.D.2d 691 (1959)

The People of the State of New York ex rel. William Davidson, Respondent, v. Robert E. Murphy, as Warden of Auburn Prison, Appellant

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

April 29, 1959


Order reversed on the law, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Auburn State Prison.

Memorandum:

Upon the facts presented by this record, it appears that the remedy of habeas corpus is not available to the relator. The court had jurisdiction of the person and the subject matter, and the sentence imposed was within the permissible limits (People ex rel. Kern v. Silberglitt...

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