Legal Opinion

People Ex Rel. Lewisohn v. . O'Brien

New York Court of Appeals

Decided October 20, 1903PublishedCited by 72 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 10, 1903, which reversed an order of Special Term denying the relator’s petition that he be discharged from arrest on writs. of habeas corpus and certiorari and remading him to custody, and sustained such writs and directed that the relator be discharged. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 10, 1903, which reversed an order of Special Term denying the relator’s petition that he be discharged from arrest on writs. of habeas corpus and certiorari and remading him to custody, and sustained such writs and directed that the relator be discharged. The facts, so far as material, are stated in the opinion. Prior to the decision of this case in the court below it was settled beyond question in this state that a witness might be compelled to testify to incriminatory matter…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In December, 1902, an information was presented to the Court of Special Sessions of the First Division of the city of New York, charging in due form that for the period beginning the first day of January, 1902, and ending the first day of December, 1902, one Richard A. Canfield was conducting a gambling house at No. 5 East 44th street, in the city of New York, and praying that subpœnas might issue in order that the matter be fully inquired into upon oaths of…

2Cases cited14 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. Brown v. WalkerSupreme Court of the United States · 1896
  3. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  4. Presser v. IllinoisSupreme Court of the United States · 1886
  5. People v. MatherNew York Supreme Court · 1830

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3Cited by72 opinions

  1. Feldman v. United StatesSupreme Court of the United States · 1944
  2. Matter of RoussNew York Court of Appeals · 1917
  3. Matter of DoyleNew York Court of Appeals · 1931
  4. People v. GilletteAppellate Division of the Supreme Court of the State of New York · 1908
  5. People v. De FeoNew York Court of Appeals · 1955

67 more not listed; retrieve them via the Exa API.

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