People Ex Rel. McPike v. . Van De Carr
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 12, 1904, which reversed an order cf Special Term dismissing a writ of habeas corpus and remanding relator to custody.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 12, 1904, which reversed an order cf Special Term dismissing a writ of habeas corpus and remanding relator to custody. John McPike, the relator sued out a writ of habeas corpus to review a judgment of conviction rendered against him for violating chapter 272, Laws of 1903, entitled “An act to amend section six hundred and forty of the penal code, relative to the desecration, mutilation or improper use of the flag of the United States, or of this state.” The Special Term…
1Opinion of the Court
Parker, Ch. J.
The Constitution of this state vests the legislative power in the senate and assembly, and subjects it to certain important limitations, one of which is that no person shall be “deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.” (Const, art. 1, § 6.)
In Wynehamer v. People (13 N. Y. 378) Wynehamer was convicted of selling liquors contrary to a statute entitled “An act for the prevention of intemperance, pauperism and crime.” This court holds in that case that if the statute was limited…
2Cases cited3 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
- People v. Orange County Road Construction Co.New York Court of Appeals · 1903
3Cited by14 opinions
- Halter v. NebraskaSupreme Court of the United States · 1907
- E. Fougera & Co. v. City of New YorkNew York Court of Appeals · 1918
- People ex rel. Appel v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1905
- People v. StreetNew York Court of Appeals · 1967
- Commonwealth v. R. I. Sherman Manufacturing Co.Massachusetts Supreme Judicial Court · 1905
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