October 22, 1942. Edward J. Welch, in person, relator. Samuel J. Foley, District Attorney ( John B. Lee of counsel), for defendant. HAMMER, J. The relator by means of this habeas corpus proceeding asserts a grievance which is frequently before the courts. He claims as of right he should have been sentenced under the Penal Law to a fixed term the maximum of which has expired and he is entitled to be discharged. Three grounds are urged, as follows: 1. The facts of his previous criminal record establish
June 21, 1912. Richard F. Price, relator, in person, and Nathan B. Chadsey, for the writ. Hersey Egginton, Assistant District Attorney [ James C. Cropsey, District Attorney, with him on the brief], opposed. WOODWARD, J.: This is a writ of habeas corpus made returnable before this court, to inquire into the cause of the imprisonment and detention of the relator Price in the New York County Penitentiary. The writ of habeas corpus is regulated by the Code of Civil Procedure. By section 2016 it is provided