People ex rel. De Vasto v. Dillon
278 A.D. 674, 102 N.Y.S.2d 818, 1951 N.Y. App. Div. LEXIS 4309
Appellate Division of the Supreme Court of the State of New York·Decided February 26, 1951·Published·Cited by 1 cases
Opinion
Order dismissing a writ of habeas corpus, affirmed. The dismissal of the second indictment was not accomplished pursuant to section 671 of the Code of Criminal Procedure. That statute is the successor of a nolle prosequi relating to discontinuance of prosecution rather than the indictment as a means of instituting the prosecution. (Matter of McDonald v. Sobel, 272 App. Div. 455, affd. 297 N. Y. 679; Moulton v. Reecher, 1 Abb. N. C. 193, 203.) Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.
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People ex rel. De Vasto v. Dillon, 278 A.D. 674, 102 N.Y.S.2d 818, 1951 N.Y. App. Div. LEXIS 4309 (N.Y. Ct. App. 1951).
278 A.D. 674 (People ex rel. De Vasto v. Dillon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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