People v. Phillips
New York Supreme Court
On the 31st of August, 1846, Eliza Phillips presented to the circuit judge a petition for a writ of certiorari, to certify the cause of her detention in the penitentiary on Blackwell’s Island.
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On the 31st of August, 1846, Eliza Phillips presented to the circuit judge a petition for a writ of certiorari, to certify the cause of her detention in the penitentiary on Blackwell’s Island. On the 3d September, the keeper made a return to the certi-orari, that she was detained in his custody by virtue of a commitment by one of the police magistrates in the foil', ving words :— —EK>' One of the special justices for preserving the pe. e in the .city of New-York : To the constables and policemen of the said city, and t iry of them, and to the keeper of the penitentiary of the cit of New-York.…
1Opinion of the Court
The Circuit Judge. —
I have been so frequently called upon to discharge from the penitentiary prisoners committed on summary convictions for vagrancy on the ground of some alleged defect or irregularity in the proceedings of the sitting magistrate, that I have deemed it advisable on this occasion to give the subject a full examination, in the hope that the matter being thoroughly understood, the corrective for the evil may once for all be applied.
Our Rev. Stat. (vol. 1. p. 633), declares that if a magistrate be satisfied, by the confession of the offender or by competent testimony, that the…
2Cases cited4 opinions
- Palmer v. OakleyMichigan Supreme Court · 1847
- Son v. PeopleNew York Supreme Court · 1834
- Mayor v. MasonSupreme Court of the United States · 1803
- Brackett v. StateSupreme Court of Vermont · 1802
3Cited by5 opinions
- City of Buffalo v. MurphyAppellate Division of the Supreme Court of the State of New York · 1930
- People Ex Rel. Stolofsky v. Superintendent of State InstitutionNew York Court of Appeals · 1932
- Forbes' CaseNew York Supreme Court · 1860
- Cases of Lynch & BurnsNew York Supreme Court · 1881
- In re HoganNew York Supreme Court · 1878