New York Court of Appeals
The People of the State of New York Ex Rel. John C. Flinn, Appellant v. Robert Barr, as Warden of the City Prison…
April 26, 1932259 N.Y. 104
Summary
The Court held that the second manslaughter indictment was void because the district attorney failed to obtain a court order directing resubmission as required by §270 of the Code of Criminal Procedure. The Court affirmed that §270 makes any such indictment without judicial direction void and that allowing multiple indictments for the same negligent act would violate the double jeopardy principle. Accordingly, the Appellate Division's order was reversed and the writs of habeas corpus were sustained.