New York Court of Appeals
The People of the State of New York Ex Rel. Roy H. Sloane, Appellant v. Lewis E. Lawes, as Warden of Sing Sing…
December 4, 1930255 N.Y. 112
Summary
The Court held that a prior conviction that has been set aside and resulted in acquittal cannot be used to enhance a sentence for possessing metal knuckles; consequently the habeas corpus petition was dismissed, but the denial of a peremptory writ of mandamus was reversed, and the lower court was ordered to resentence the defendant as a misdemeanor.