People v. Burns
New York Supreme Court
Appeal from court of oyer and terminer, Cayuga county. James Burns was convicted of the crime of robbery in the first degree, and sentenced to imprisonment in the Auburn state prison for a term of 13 years. He was released from custody on a conditional pardon, but was afterwards remanded to the custody of the warden of the prison, and he thereupon sued out a writ of habeas corpus.
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Appeal from court of oyer and terminer, Cayuga county. James Burns was convicted of the crime of robbery in the first degree, and sentenced to imprisonment in the Auburn state prison for a term of 13 years. He was released from custody on a conditional pardon, but was afterwards remanded to the custody of the warden of the prison, and he thereupon sued out a writ of habeas corpus. The court discharged Mm from the custody of the warden, but made an order requiring him to show cause why he should not be remanded on his original sentence. On the hearing,.defendant was recommitted on his original…
1Opinion of the CourtDwight, P. J.
The order appealed from remanded the defendant to the custody of the warden of the state prison at Auburn, on the ground that he had violated the condition of the pardon by virtue of which he had previously been released from such custody. On the 18th day of May, 1889, the defendant was convicted in the Herkimer sessions of the crime of robbery in the first degree, and sentenced to imprisonment at hard labor in the Auburn state prison for the term of 13 years. On the 10th of January, 1893, the governor granted a commutation of the punishment thus imposed to a like imprisonment for the term of…
2Cases cited1 opinion
- People v. JamesNew York Supreme Court · 1804
3Cited by13 opinions
- People Ex Rel. Atkins v. JenningsNew York Court of Appeals · 1928
- State ex rel. Davis v. HunterSupreme Court of Iowa · 1904
- Ex parte LuceroNew Mexico Supreme Court · 1917
- People Ex Rel. Woodbury v. . HendrickNew York Court of Appeals · 1915
- People ex rel. Brackett v. KaiserAppellate Division of the Supreme Court of the State of New York · 1924
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