Legal Opinion

People ex rel. Snyder v. Whitney

New York County Courts

Decided December 15, 1897PublishedCited by 2 opinions

Eeturn to a writ of habeas corpus petitioning for the discharge of the relator from custody.

1Opinion of the CourtBeman, J.

The return of the sheriff to the writ issued in this matter showing that the defendant is held by him by virtue of “ a judgment of conviction,” and ’ that .said, prisoner was committed to (him) me by virtue of the annexed “ Certificate of Conviction ” brings up two considerations, the question of a valid legal conviction as-well as the question whether after legal conviction the magistrate has made a proper and legal commitment of the defendant to the sheriff of the county (he being the keeper of the common jail).

It does not appear by the return of the sheriff to the writ that he.holds the…

2Cases cited1 opinion

  1. In re BrownNew York Supreme Court · 1897

3Cited by2 opinions

  1. Ohmann v. HarnettNew York Supreme Court · 1938
  2. People ex rel. Hunt v. Markell, New York County Courts1898

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