New York Court of Appeals

The People of the State of New York Ex Rel. Benny Sabatino, Respondent v. Edgar S. Jennings, as Warden of…

October 28, 1927246 N.Y. 258

Summary

The Court held that filing an appeal does not stay an order of discharge issued on a writ of habeas corpus; the discharge order remains binding and the warden must release the prisoner immediately, with no bail or recognizance required.