People ex rel. Spencer v. Webster

254 A.D. 924, 6 N.Y.S.2d 357, 1938 N.Y. App. Div. LEXIS 8307

Opinion

Appeal from an order dismissing a writ of habeas corpus entered in the Clinton county clerk’s office on April 26, 1938, after a jury trial of the issue of appellant’s sanity, the jury having found appellant sane and the court having declined to adopt such verdict. Order reversed, upon the law and facts, and an order granted confirming and adopting the verdict of the jury and discharging appellant from custody. Hill, P. J., Rhodes, Bliss and Heffernan, JJ., concur; Crapser, J., dissents.