People ex rel. Clifton v. De Bragga
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Charles Clifton, from an order of the County Court of Queens county, entered in the office of the clerk of the county of Queens on the 6th day of Hay, 1902, dismissing the writs of habeas corpus and certiorari theretofore issued in the action and remanding the relator to the custody of the sheriff of Queens county.
1Opinion of the Court
Per Curiam :
This is a habeas corpus proceeding instituted to test the sufficiency of an information charging the relator with a violation of section *580351 of the Penal Code relating to poolselling, bookmaking, etc. The contention of the appellant is twofold : (1) That he is not liable to be punished under section 351 of the Penal Code for the acts which he is charged to have committed, but is subject only to be sued for a penalty in a civil action at the instance of the complainant or the maker of the bet of which he was stakeholder as prescribed by the Revised Statutes (1 R. S. 662, §§ 8,…
2Cases cited2 opinions
- People Ex Rel. Sturgis v. . FallonNew York Court of Appeals · 1897
- People v. LevoyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- People v. StedekerAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Shane v. GittensNew York Supreme Court · 1912