Appellate Division of the Supreme Court of New York, 1938

People ex rel. Spencer v. Webster

People ex rel. Spencer v. Webster
Appellate Division of the Supreme Court of New York · Decided June 22, 1938
254 A.D. 924; 6 N.Y.S.2d 357; 1938 N.Y. App. Div. LEXIS 8307
People ex rel. Spencer v. Webster

Opinion of the Court

Appeal from an order dismissing a writ of habeas corpus entered in the Clinton county clerk’s office on April 26, 1938, after a jury trial of the issue of appellant’s sanity, the jury having found appellant sane and the court having declined to adopt such verdict. Order reversed, upon the law and facts, and an order granted confirming and adopting the verdict of the jury and discharging appellant from custody. Hill, P. J., Rhodes, Bliss and Heffernan, JJ., concur; Crapser, J., dissents.

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