People, Ex Rel. Sherwin v. . Mead
New York Court of Appeals
Appeal by the relator- from an order of the General Term, First Department, ■ May, 1882, affirming an order made by Donohue, J., March 1, 1882, in New York city, refusing the relator’s discharge from arrest on a bench warrant, either absolutely or upon bail, dismissing the writ of habeas corpus, and also remanding the relator to the custody of Michael L. Mead, the respondent, under the original warrant.
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Appeal by the relator- from an order of the General Term, First Department, ■ May, 1882, affirming an order made by Donohue, J., March 1, 1882, in New York city, refusing the relator’s discharge from arrest on a bench warrant, either absolutely or upon bail, dismissing the writ of habeas corpus, and also remanding the relator to the custody of Michael L. Mead, the respondent, under the original warrant. The relator was arrested in New York city by the respondent, February 4, 1882, and on the same day obtained a writ of habeas corpus, to which the respondent made return as follows: “ I have…
1Opinion of the CourtFinch, J.
The application for the relator’s discharge from arrest was properly denied.
1. The statement of the offense charged contained in the warrant was sufficient. That commanded the officer to “ take Frank It. Sherwin, who stands indicted in the Court of Sessions of the County of Albany for contempt.” It was issued after indictment found (2 R. S. p. 728, § 55), and by the district attorney, who was duly authorized to issue it (2 Laws of 1847, p. 444); and sufficiently specified the offense charged in the .indictment. That was for “ contempt.” While it is true that an act or omission may be in the…
2Cases cited2 opinions
- Pratt v. BogardusNew York Supreme Court · 1867
- The People v. . ClewsNew York Court of Appeals · 1879
3Cited by14 opinions
- In Re MorrisCalifornia Supreme Court · 1924
- Hyde v. NelsonSupreme Court of Missouri · 1921
- State v. BorenWashington Supreme Court · 1953
- Sherwin v. . PeopleNew York Court of Appeals · 1885
- Ford v. StateAppellate Division of the Supreme Court of the State of New York · 1964
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