PEOPLE EX REL. SWEETING v. JOHNSTON


26 A.D.2d 685 (1966)

The People of the State of New York ex rel. Frederick M. Sweeting, Appellant, v. W. Cecil Johnston, as Superintendent of Matteawan State Hospital, Respondent

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

July 6, 1966


Judgment reversed on the law, without costs, and proceeding remitted to the court below for the purpose of holding a further hearing. No questions of fact have been considered. The sole issue in this habeas corpus proceeding is whether the relator, now an inmate of Matteawan State Hospital by commitment of the Court of General Sessions, New York County, dated July 19, 1957, is presently capable of understanding the criminal charge lodged against him, and of making his defense...

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