98 N.Y.S. 66 | N.Y. Sup. Ct. | 1905
Relator (the district attorney of the county of New York) applies for an absolute writ of prohibition commanding respondents (the Court of General Sessions and the recorder of the county of New York) “to desist and refrain from any further proceedings upon or under the motion made for a new trial by defendant John Blake.” It appears that defendant (Blake) was convicted of a misdemeanor upon a trial in Part I of the Court of General Sessions during the November term, and it is conceded that the indictment upon its face establishes the fact that the prosecution of the act charged was barred by the Statute of Limitations. Code Crim. Pro., § 142. The attention of the trial court had not been called to this fact
Settle order on notice.