Legal Opinion

People ex rel. Darling v. Warden of City Prison

Appellate Division of the Supreme Court of the State of New York

Decided January 11, 1913PublishedCited by 34 opinions

Appeal by the People of the State of New York from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of January, 1912, sustaining a writ of habeas corpus and discharging the relator from custody.

1Opinion of the Court

Clarke, J.:

The relator notified the police that he had a pistol in his house without a permit. - Thereupon a captain of police went to his house and found a loaded revolver and some loaded shells in a small cabinet in the bedroom adjoining the parlor. He asked the defendant why he kept the revolver there and defendant said he preferred not to answer the question. The captain asked if . defendant had a permit, tó which he replied no. Whereupon the captain placed the relator under arrest and took him before a city magistrate, charging him with a violation of • section 1897 of the Penal Law, as…

2Cases cited22 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Lochner v. New YorkSupreme Court of the United States · 1905
  3. Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
  4. Holden v. HardySupreme Court of the United States · 1898
  5. Spies v. IllinoisSupreme Court of the United States · 1887

17 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Kachalsky v. County of WestchesterCourt of Appeals for the Second Circuit · 2012
  2. BURTON v. SillsSupreme Court of New Jersey · 1968
  3. People v. BrownMichigan Supreme Court · 1931
  4. Bach v. PatakiCourt of Appeals for the Second Circuit · 2005
  5. Moore v. GallupAppellate Division of the Supreme Court of the State of New York · 1943

29 more not listed; retrieve them via the Exa API.

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