People ex rel. Olcott v. House of Refuge for Women at Hudson
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, W. M. K. Olcott, as district attorney of the county of New York, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 12th day of June, 1897, denying his application for a writ of peremptory mandamus requiring the defendant, The House of Refuge for Women at Hudson, to receive into its custody and to imprison and coniine one Emeline Walker, a female of twenty-four years…
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Appeal by the relator, W. M. K. Olcott, as district attorney of the county of New York, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 12th day of June, 1897, denying his application for a writ of peremptory mandamus requiring the defendant, The House of Refuge for Women at Hudson, to receive into its custody and to imprison and coniine one Emeline Walker, a female of twenty-four years of age, convicted of the felony of robbery in the second degree in the Court of General Sessions of the Peace of the…
1Opinion of the Court
Putnam, J.:
The question presented on. this appeal is whether or not section 146 of chapter 546 of the Laws of 1896, constituting a part of the State Charities Law, has the effect of repealing section 698 of the Penal Code, as amended by chapter 374 of the Laws of 1896, no express repeal being contained in the former statute.
Section 698 of the Penal Code, as amended, provides as follows: “ Any woman over the age of sixteen years who shall be convicted of a felony in any of the courts of this State shall, when the sentence imposed is one year or more, be sentenced to imprisonment in the State…
2Cases cited4 opinions
- Chew Heong v. United StatesSupreme Court of the United States · 1884
- Bate Refrigerating Co. v. SulzbergerSupreme Court of the United States · 1895
- Mark v. . the StateNew York Court of Appeals · 1885
- People v. KoenigAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Gabel v. Williams, New York County Courts1902
- Lowman v. BillingtonNew York Supreme Court · 1909