People Ex Rel. Childs v. . Knott
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1919, which reversed an order of Special Term sustaining a writ of habeas corpus, dismissed said writ and remanded relator to custody.
1Per curiam
The questions presented as to the sufficiency of the indictments cannot be considered by us at this time. The procedure adopted does not permit of such a review. Whether section 560 of the Election Law provides the only remedy for a failure to file the required statement and whether this remedy is legal, and the further question whether subdivision 12 of section 751 of the Penal Law applies to general elections as well as to primaries cannot be raised in this case by writ of habeas corpus.
The court in which the indictments were found and presented has jurisdiction of this class of offenses,…
2Cases cited6 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- In Re CoySupreme Court of the United States · 1888
- Henry v. HenkelSupreme Court of the United States · 1914
- People Ex Rel. Scharff v. . FrostNew York Court of Appeals · 1910
- People Ex Rel. Danziger v. Protestant Episcopal House of MercyNew York Court of Appeals · 1891
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3Cited by13 opinions
- People v. JacobyNew York Court of Appeals · 1952
- People ex rel. Mertig v. JohnstonNew York Supreme Court · 1946
- People ex rel. Flinn v. BarrNew York Supreme Court · 1931
- People ex rel. Posner v. VollmerNew York Supreme Court · 1954
- In re KelleyNew York County Court, Suffolk County · 1975
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