People ex rel. Weaver v. Van De Carr
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Habeas corpus by Edward Weaver against John Van De Carr, warden, etc. From an order dismissing the writ, relator appeals.
1Per curiam
The law in question (chapter 572, Laws 1895, amending section 351, Pen. Code) is not in violation of section 17 1 of article 3 of the constitution. No existing law, or part of any-existing law, is made a part of the law in question. That law simply provides that certain of its provisions shall not take effect where there is an existing law, upon the same subject, providing a penalty. That does not apply the existing law to the law in question. It simply refers the latter to such existing law for the purpose of ascertaining whether the penalty provided by the law in question is applicable. The…
2Cited by12 opinions
- Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
- Baldwin v. Yellow Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1927
- Reich v. CochranAppellate Division of the Supreme Court of the State of New York · 1905
- Gallo v. BoscoAppellate Division of the Supreme Court of the State of New York · 1961
- Reich v. CochranAppellate Division of the Supreme Court of the State of New York · 1905
7 more not listed; retrieve them via the Exa API.