PEOPLE EX REL. RIAL v. KATNER


43 Misc.2d 450 (1964)

The People of the State of New York ex rel. Ethel D. Rial on Behalf of Fred Rial, Jr., Relator, v. Theodore F. Katner, as Sheriff of the County of Steuben, Respondent.

Supreme Court, Steuben County.

July 8, 1964


Attorney(s) appearing for the Case

Joseph J. Nasser for relator. Lurton G. Whiteman for respondent.


DOMENICK L. GABRIELLI, J.

This is an application for a writ of habeas corpus in which the petitioner asks that it be sustained upon several grounds, the main one of which is that the detention is illegal in that the information is defective and that the Magistrate had no jurisdiction to issue the warrant of arrest.

It is well to here point out that the sole and primary question in a habeas corpus proceeding...

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