People ex rel. Poulos v. McDonnell
This text of 277 A.D.2d 779 (People ex rel. Poulos v. McDonnell) 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.
Opinion
In a habeas corpus proceeding, order sustaining a writ of habeas corpus, discharging relators from custody and exonerating bail, affirmed. The presentation to the jury of the issue of guilt of the relators of the crime of assault in the third degree was an incident or outgrowth of an indictment charging them with [780]*780assault in the second degree, of which latter degree they were acquitted. The indictment thus having been disposed of, there is no charge by way of indictment, or information, or other lawful process pending against them. Nor can they be retried for an inferior degree of the crime of which they were charged in the indictment and acquitted. (Penal Law, § 32.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur. [198 Misc. 569.] [See post, p. 797.]
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
277 A.D.2d 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-poulos-v-mcdonnell-nyappdiv-1950.