People ex rel. Duke v. Morhous

Appellate Division of the Supreme Court of New York

People ex rel. Duke v. Morhous

264 A.D. 977, 37 N.Y.S.2d 234, 1942 N.Y. App. Div. LEXIS 5598

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 1942

StatusPublished

This text of 264 A.D. 977 (People ex rel. Duke v. Morhous) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Duke v. Morhous, 264 A.D. 977, 37 N.Y.S.2d 234, 1942 N.Y. App. Div. LEXIS 5598 (N.Y. Ct. App. 1942).

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Opinion

Appeal from an order dismissing a writ of habeas corpus. Appellant was received in Sing Sing Prison on March 22, 1939, with a sentence of not less than one year and nine months to five years, upon his conviction by plea of guilty in Kings County Court of the crime of being an accessory to a felony. He now contends that the County Court was without jurisdiction for the reason that the indictment upon which the plea of guilty was predicated was invalid in that it did not allege the commission of any crime. The contention is without merit. The indictment contained two counts, each of which accused the defendant of the crime of being an accessory to a felony and set forth ample facts to sustain the charge. Order dismissing, writ unanimously affirmed, without costs. Present — Hill, P. J., Crap ser, Bliss, Heffernan and Sehenck, JJ.

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Appeal from an order dismissing a writ of habeas corpus. Appellant was received in Sing Sing Prison on March 22, 1939, with a sentence of not less than one year and nine months to five years, upon his conviction by plea of guilty in Kings County Court of the crime of being an accessory to a felony. He now contends that the County Court was without jurisdiction for the reason that the indictment upon which the plea of guilty was predicated was invalid in that it did not allege the commission of any crime. The contention is without merit. The indictment contained two counts, each of which accused the defendant of the crime of being an accessory to a felony and set forth ample facts to sustain the charge. Order dismissing, writ unanimously affirmed, without costs. Present — Hill, P. J., Crap ser, Bliss, Heffernan and Sehenck, JJ.

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Bluebook (online)

264 A.D. 977, 37 N.Y.S.2d 234, 1942 N.Y. App. Div. LEXIS 5598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-duke-v-morhous-nyappdiv-1942.