People Ex Rel. Newton v. . Twombly
New York Court of Appeals
"Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1919, which affirmed an order of Special Term sustaining a writ of habeas corpus and directing the discharge of the relator from custody. The facts, so far as material, are stated in the opinion. The facts in the petition upon which the writ was allowed were not sufficient to warrant the release of the respondent from imprisonment.
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"Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1919, which affirmed an order of Special Term sustaining a writ of habeas corpus and directing the discharge of the relator from custody. The facts, so far as material, are stated in the opinion. The facts in the petition upon which the writ was allowed were not sufficient to warrant the release of the respondent from imprisonment. (Penal Law, § 2190; Haggerty v. People, 53 N. Y. 476; People v. Burns, 77 Hun, 92.) The respondent did not traverse the return to the writ of…
1Opinion of the Court
Cardozo, J.:
In September, 1912, the relator, then known as Frank Irwin, was convicted of burglary, and confined in Sing Sing Prison under an indeterminate sentence,'of which the maximum was five years. From Sing Sing he was transferred to Great Meadow Prison, anil then, in March, 1914, after serving about a year and a half of his term, was released upon parole. He was permitted to go outside of the “ prison walls and inclosure ” (Prison Law, sec. 214; Consol. Laws, chap. 43), but he remained while on parole u in the legal custody and under the control” of the warden of the prison (§ 214). It…
2Cases cited1 opinion
- Drinkall v. SpiegelSupreme Court of Connecticut · 1896
3Cited by29 opinions
- People Ex Rel. Cecere v. JenningsNew York Court of Appeals · 1929
- Hawkins v. CoughlinNew York Court of Appeals · 1988
- People ex rel. Hutchings v. MallonAppellate Division of the Supreme Court of the State of New York · 1926
- Commonwealth v. Polsgrove, County JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
- Pinkerton v. StateAlabama Court of Appeals · 1940
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