PEOPLE EX REL. HEAL v. FOSTER


196 Misc. 441 (1949)

The People of the State of New York ex rel. Joseph Heal, Relator, v. John F. Foster, as Warden of Auburn State Prison, Defendant.

Supreme Court, Special Term, Monroe County.

October 15, 1949.


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (William S. Elder, Jr., of counsel), for defendant.

George M. Michaels for relator.


GILBERT, J.

Joseph Heal petitioning herein for a writ of habeas corpus is an inmate of Auburn State Prison, and is serving a term of thirty years for the crime of robbery first degree. He contends that he is illegally restrained of his liberty because the Grand Jury that brought in the indictment was composed of twenty-four members instead of the statutory twenty-three. (Code Crim. Pro., § 224.)

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