The People of the State of New York Ex Rel. Chester W. Carr, Respondent, Against Walter B. Martin, as Warden of…

Summary

The New York Court of Appeals affirmed the County Court's conviction of the relator for grand larceny and reversed the Appellate Division's habeas corpus order, holding that the trial court had jurisdiction to try the case and that habeas corpus cannot be used to challenge the conviction on the basis that a husband cannot steal from his wife. The court also noted that the writ is unavailable where the judgment is not void but merely erroneous.