New York Court of Appeals
The People of the State of New York Ex Rel. Burd R. Atkins, Respondent v. Edgar S. Jennings, as Warden of the State…
May 1, 1928248 N.Y. 46
Summary
The Court affirmed the order discharging the relator, holding that his conviction in Michigan did not violate the conditional commutation because the condition applied only to felonies as defined under New York law and the record failed to show such a violation. The Court also required that a proper order to show cause be issued before a prisoner can be recommitted for alleged breach of commutation. Justice Crane dissented, arguing the conviction should be treated as a felony.