Downey v. Clute , 18 Abb. N. Cas. 235 ( 1887 )

Lawrence, J.

[after stating facts as above.]—It seems tó me

that he is entitled to his discharge (see Laws of 1886, chapter 672, and the elaborate opinion of Justice Potter in People ex rel. Lust v. Grant [reported ante, 220]). As the actual custody of the defendant commenced on the 20th day of July, 1886, it is obvious that he has been imprisoned for more than six months.

Motion granted and prisoner discharged.