People Ex Rel. Lawton v. . Snell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 11, 1015, which affirmed an order of the Rensselaer County Court dismissing a writ of habeas corpus and remanding the relator to custody. 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 third judicial department, entered May 11, 1015, which affirmed an order of the Rensselaer County Court dismissing a writ of habeas corpus and remanding the relator to custody. The facts, so far as material, are stated in the opinion. The relator not having been taken before a magistrate in Schoharie county as directed by section 844 of the Code of Criminal Procedure, the Police Court of the city of Troy had no jurisdiction of the person of said Leon Lawton, and no jurisdiction to make the commitment which it did…
1Opinion of the Court
The relator is in the custody of and detained by the defendant by virtue of a commitment issued under section 852 of the Code of Criminal Procedure. Upon the return of the writ of habeas corpus issued by the county judge of Rensselaer county it was dismissed and the relator remanded to custody by an order which the Appellate Division affirmed.
The proceeding was instituted in the court of the police justice of the city of Troy in Rensselaer county, a city of the second class. It was governed by the provisions of title V, chapter 1 of the Code of Criminal Procedure, except the police justice,…
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