The People v. . Main
New York Court of Appeals
Appeal from the Supreme Court. Action upon a recognizance entered into by the defendant before W. ÍT. Mason, Special County Judge of Chenango county, in the penalty of $500, conditioned for his appearance at the next Court of General Sessions, to be held in that county, to answer and stand trial upon an indictment against him for grand larceny.
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Appeal from the Supreme Court. Action upon a recognizance entered into by the defendant before W. ÍT. Mason, Special County Judge of Chenango county, in the penalty of $500, conditioned for his appearance at the next Court of General Sessions, to be held in that county, to answer and stand trial upon an indictment against him for grand larceny. The only question made on the trial of the present case was as to the authority of the officer to take the recognizance, the defendant’s counsel insisting that the act of the Legislature providing for his appointment, so far as it professed to confer…
1Opinion of the Court · DenioDenio, J.
The officer had power to take the recognizance <®f bail if the Legislature was coinpetent to confer it. The act declares that the Special County Judge of this county shall “ possess the like powers and perform the same duties which are possessed or can be performed by a county judge, out of court.” (Laws of 1852, ch. 73, § 2.) Under the former Consti tution and laws any judge of the County Court had power to let to bail persons under indictment for offences triable by a Court of General Sessions (2 R. S., 728, § 56), and by the judiciary act every county judge is clothed with all the powers…
Also in this document: Opinion of the Court · Gbay.
2Cases cited3 opinions
- Hayner v. . JamesNew York Court of Appeals · 1858
- Doubleday v. . Heath and OthersNew York Court of Appeals · 1857
- Arnold v. . ReesNew York Court of Appeals · 1858
3Cited by5 opinions
- Thrasher v. BentleyNew York Court of Appeals · 1875
- (PC) Rodriguez v. PfeifferDistrict Court, E.D. California · 2022
- People v. BurnhamAppellate Division of the Supreme Court of the State of New York · 1897
- People v. BurnhamAppellate Division of the Supreme Court of the State of New York · 1897
- People v. LevyNew York Supreme Court · 1915