The People of the State of New York Ex Rel. William Meyer, Appellant, Against the Warden of the Nassau County Jail…

Summary

The Court held that the appellant was placed in jeopardy during the trial that began Saturday, so a second trial would violate the double‑jeopardy clause of the New York Constitution; consequently the writs of habeas corpus were proper and the Appellate Division’s reversal was reversed, affirming the special term’s orders. The Court reasoned that jeopardy attaches when a jury is sworn and evidence is presented, and that a void judgment on Sunday does not erase that jeopardy. Justice Finch dissented, arguing that the conviction had been set aside and therefore no double jeopardy bar existed.