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PEOPLE EX REL. JACKSON v. RUTHAZER

196 Misc. 34 (1949)

The People of the State of New York ex rel. Clarence Jackson, Relator, v. Herman J. Ruthazer, as Warden of City Prison of The City of New York, Borough of Manhattan, Defendant.

Supreme Court, Special Term, New York County.

June 20, 1949.

Attorney(s) appearing for the Case

Curtis F. McClane for relator.

Frank S. Hogan, District Attorney (Salvatore J. Camp of counsel), for defendant.

Paul Webb, Solicitor-General, Ogden Doremus, Assistant Solicitor-General and Eugene Cook, Attorney-General, for the State of Georgia.

HAMMER, J.

Relator has brought this proceeding by way of a writ of habeas corpus to test the validity of his detention upon a rendition warrant issued by the Governor of this State upon requisition of the Governor of the State of Georgia. The function of a habeas corpus proceeding is to test the legality of an arrest, detention or imprisonment. The relator does not question the legality in form or substance of...

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