People v. Davis
New York Supreme Court
JO HU T. DAVIS, and several other parties, who had been tried and convicted, for various misdemeanors, at the court of special sessions of the peace, held in and for the city and county of New York, caused the record and proceedings in their respective cases to be brought into this court to be reviewed.
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JO HU T. DAVIS, and several other parties, who had been tried and convicted, for various misdemeanors, at the court of special sessions of the peace, held in and for the city and county of New York, caused the record and proceedings in their respective cases to be brought into this court to be reviewed. The defendant Davis was arrested upon a charge of assault and battery, and as appears by the proceedings in the court of special sessions, having waived his right to trial by jury, and selected that court as his tribunal, was put upon his trial before Justice Dowling, who alone held what…
1Opinion of the CourtCardozo, J.
These cases present important questions. It has been generally believed that the presence of both justices was necessary to constitute the court of special sessions, and there have been general term decisions to that effect; but the matter now for the first time is directly and necessarily before the general term for adjudication under the statutes as they now stand.
Two principal questions are to be determined: First; whether the statutes, as they now exist, allow the court of special sessions to be held by one justice when the other is disabled from being present; and, secondly, whether the…
2Cases cited8 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
- The People v. . O'BrienNew York Court of Appeals · 1868
- People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
- Williams v. . the PeopleNew York Court of Appeals · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
- Mayor of New York v. Broadway & Seventh Avenue RailroadNew York Court of Appeals · 1884
- Mayor, Etc. v. . B'way, Etc., R.R. Co.New York Court of Appeals · 1884
- Cox v. StateCourt of Appeals of Texas · 1880