Legal Opinion

People ex rel. Domens v. Warden of City Prison

Appellate Division of the Supreme Court of the State of New York

Decided January 24, 1913PublishedCited by 2 opinions

Appeal by the defendant, The Warden or Keepers of the City Prison, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 15th day of October, 1912, sustaining a writ of habeas corpus and discharging the relator from custody.

1Opinion of the Court

Carr, J.:

The relator in this proceeding was arrested under a warrant issued by a city magistrate of the city of New York, in the borough of Brooklyn, on the charge of a misdemeanor. There is no question on this appeal as to the sufficiency of the deposition on which the warrant was issued. On the relator’s arrest he was arraigned before a city magistrate and appeared by counsel, and demanded an examination pursuant to chapter 7 of title 3 of part 4 of the Code of Criminal Procedure. It further appe'ars from the record that the hearing of the examination was adjourned four times, in order to…

2Cases cited1 opinion

  1. People v. . FishNew York Court of Appeals · 1891

3Cited by2 opinions

  1. Barber v. RichardsonNew York Supreme Court · 1941
  2. People v. TruexFrankfort Justice Court · 1959

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