Matter of Molineux v. . Collins
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made December 3, 1903, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to deliver certain photographs and measurements in his. custody to the petitioner. The facts, so far as material, are stated in the opinion. There is no authority of law for taking the photograph or measuring a person condemned to death.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made December 3, 1903, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to deliver certain photographs and measurements in his. custody to the petitioner. The facts, so far as material, are stated in the opinion. There is no authority of law for taking the photograph or measuring a person condemned to death. (Delafield v. Brady, 108 N. Y. 524; L. S. & M. S. R. R. Co. v. Roach, 80 N. Y. 339; Parker v. E. C. M. R. R. Co., 165 N.…
1Opinion of the CourtVane, J.
On the 16th of February, 1900, the appellant, Roland B. Molineux, was adjudged guilty of murder in the first degree and sentence of death was pronounced against him. A warrant was at once issued to the warden of the state prison at Sing Sing commanding him to keep the said Molineux in solitary confinement until the time appointed for his execution and to then put him to death in the manner provided by law. Before that time arrived enforcement of the sentence was stayed by the service of a notice of appeal to this court, which afterward reversed the judgment of conviction and ordered a new…
2Cited by35 opinions
- People v. PattersonNew York Court of Appeals · 1991
- United States v. KellyCourt of Appeals for the Second Circuit · 1932
- People v. . MillsNew York Court of Appeals · 1904
- Downs v. SwannCourt of Appeals of Maryland · 1909
- State Ex Rel. Mavity v. TyndallIndiana Supreme Court · 1946
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