Opinion
May Term, 1898.
Order discharging relator affirmed on opinion of Gaynor, J., at Special Term. All concurred, except Cullen, J., absent. (Reported sub nom. Matter of Kenny, 23 Misc. Rep. 9.)
May Term, 1898.
Order discharging relator affirmed on opinion of Gaynor, J., at Special Term. All concurred, except Cullen, J., absent. (Reported sub nom. Matter of Kenny, 23 Misc. Rep. 9.)
Full title:The People of the State of New York ex rel. Theresa Kenny, Appellant, v…
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: May 1, 1898
In such a case the remedy would be by appeal. People ex rel. Barone v. Fox ( 144 App. Div. 611; 202 N.Y. 616)…
People ex Rel. Barone v. FoxIn the fundamental defect, namely, that the term of imprisonment depends upon a fact found out of court by a…