PEOPLE EX REL. HODGES v. SILBERGLITT


11 A.D.2d 681 (1960)

The People of the State of New York ex rel. Eddie Hodges, Appellant, v. Harry Silberglitt, as Warden of The City Prison, Borough of Manhattan, Respondent

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

June 28, 1960


Order dismissing the writ of habeas corpus and remanding the relator unanimously reversed, on the law and on the facts, the writ sustained and the relator discharged from custody.

An extradition proceeding grounded upon an affidavit requires closer scrutiny than one based upon an indictment which carries with it the presumption that witnesses testified before a Grand Jury. The affidavit of the prosecutrix fails to set forth sufficient facts establishing the commission...

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