People Ex Rel. Stokes v. Warden of State Prison at Sing Sing
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court in the second judicial department dismissing a writ of certiorari brought to review the decision of a justice of said court, which dismissed a writ of habeas corpus issued upon petition of relator and remanded him to the custody of the warden of the State prison at Sing Sing. The facts appear sufficiently in the opinion.
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Appeal from order of the G-eneral Term of the Supreme Court in the second judicial department dismissing a writ of certiorari brought to review the decision of a justice of said court, which dismissed a writ of habeas corpus issued upon petition of relator and remanded him to the custody of the warden of the State prison at Sing Sing. The facts appear sufficiently in the opinion. The question of the allowance of time for good behavior is one for the determination of the executive and not for the courts. (Laws 1862, chap. 417, p. 748; 5 Edms. Stat., 204; Laws 1863, chap. 415, p. 708; 6 Edms.…
1Opinion of the CourtFolger, J.
Before the 6th day of January, 1873, the relator had been indicted and put on trial for the MUing of James Fisk, Jr. On that day he was, on the verdict of a jury, adjudged guilty of murder and sentenced to be hung on the twenty-eighth day of February, then next. The sentence was not executed. The relator had brought his writ of error, and proceedings had been stayed. The judgment was reversed by this court, on the 10th of June, 1873, and a venvre de nova ordered. On the 29th October, 1873, the relator was again put upon trial under the same indictment, and was, on the verdict of a jury,…
2Cited by11 opinions
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- People ex rel. Jackson v. WeaverAppellate Division of the Supreme Court of the State of New York · 1951
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