People ex rel. Chamberlayne v. Johnston

Appeal from an order of the Supreme Court, Clinton County which dismissed petitioner’s application for a writ of habeas corpus. Upon the authority of People ex rel. Brown v. Johnston (9 N Y 2d 482) and the consent of the Attorney-General, the order is reversed, on the law and the facts, without costs, and the matter remitted to Special Term for a hearing to test relator’s sanity. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.