← Cases

People ex rel. Small v. Webster

269 A.D. 1001 Court N.Y. App. Div. Decision date 1945-11-14 English

Contents

Majority

p. 1001
The People of the State of New York ex rel. George Small, Appellant, against Blakely R. Webster, as Superintendent of Dannemora State Hospital, Respondent.

Appeal by relator from an order of the Clinton County Court dismissing a writ of habeas corpus, wherein he attacked the validity of his 1925 conviction of second degree robbery on the ground of fraud, and contended that his 1932 conviction of a felony in possessing a dangerous weapon constituted double jeopardy. The questions appellant raises are not reviewable in a habeas corpus proceeding. {Matter of Morhous v. N. Y. Supreme Court, 293 N. Y. 131 ; People ex rel. Boyle v. Atwell, 232 N. Y. 96 , 102.) Order affirmed. All concur.

Cases cited