Order, insofar as it sustains the writ and discharges relator from the custody of the warden of the city prison, reversed on the law and the writ dismissed.
Relator was indicted for the crime of murder in the second degree. The indictment contained but one count, charging that crime, but was sufficient to sustain a conviction of the crime charged, or of manslaughter. On the trial, at the conclusion of the People's case, the relator's attorney moved to dismiss the...
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