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People ex Rel. Morriale v. Branham

Court of Appeals of the State of New York
Feb 24, 1944
54 N.E.2d 331 (N.Y. 1944)

Opinion

Reargued February 21, 1944

Decided February 24, 1944

Appeal from the Supreme Court, Appellate Division, Third Department, BERGAN, J.

Caesar B.F. Barra and Ralph J. Barra for appellant.

Nathaniel L. Goldstein, Attorney-General ( Orrin G. Judd and A.W. Feinberg of counsel), for respondent.


Upon reargument the court finds no reason to modify its decision that the order of the Appellate Division should be reversed and that of Special Term affirmed. The parties by stipulation defined the questions of law which "it is understood * * * are involved in this proceeding". The question whether a person detained as insane without a valid judicial determination of insanity should be discharged without inquiry whether in fact the person is insane, was not presented at Special Term and may not be considered upon this appeal.

The order of the Appellate Division should be reversed and that of the Special Term affirmed, without costs.

LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ., concur.

Ordered accordingly.


Summaries of

People ex Rel. Morriale v. Branham

Court of Appeals of the State of New York
Feb 24, 1944
54 N.E.2d 331 (N.Y. 1944)
Case details for

People ex Rel. Morriale v. Branham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. CHARLES MORRIALE, Appellant…

Court:Court of Appeals of the State of New York

Date published: Feb 24, 1944

Citations

54 N.E.2d 331 (N.Y. 1944)
54 N.E.2d 331

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