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PEOPLE EX REL. JOHNSON v. RUTHAZER

198 Misc. 1044 (1950)

The People of the State of New York ex rel. Alton Johnson, 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.

December 14, 1950.

Attorney(s) appearing for the Case

David D. Jones, Jr., for relator.

Frank S. Hogan, District Attorney (John F. McNeill of counsel), for defendant.

Eugene Cook, Attorney-General of Georgia (M. H. Blackshear, Jr., and Edward E. Dorsey of counsel), for the State of Georgia.

BENVENGA, J.

This habeas corpus proceeding involves the legality of the detention of the relator as a fugitive from justice of the State of Georgia.

Admittedly, the relator, upon his plea of guilty to an indictment charging burglary was sentenced to a Georgia penitentiary and thereafter escaped therefrom. He seeks his discharge principally upon the grounds: (1) that the sentence imposed by the Georgia...

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