People v. . Dillon
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1908, which affirmed a judgment of the Court of Special Sessions of the city of New York, convicting the defendant of a violation of the Liquor Tax Law.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 8, 1908, which affirmed a judgment of the Court of Special Sessions of the city of New York, convicting the defendant of a violation of the Liquor Tax Law. On the 27th day of October, 1907, James Dillon, the defendant, was arrested, and on the next day he was arraigned before one of the magistrates of the city of New York and was charged by a complainant, in writing, upon oath, with having sold liquor on Sunday in violation of the Liquor Tax Law. A preliminary examination…
1Opinion of the Court
Culleb, Oh. J.:
I do not see that any constitutional .question is involved in this case, as undoubtedly the discharge by a magistrate on a preliminary examination is not such an adjudication in defendant’s favor that bars a subsequent prosecution for the offense. But as the only right of the district attorney to file an information against the appellant and prosecute it in the Court of Special Sessions (the appellant having been discharged by the magistrate) is based on section 743 of the Code of Criminal Procedure, as amended in 1904, the question is whether that section applies only to cases…
2Cases cited5 opinions
- People v. . KnattNew York Court of Appeals · 1898
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1892
- Ex parte FentonCalifornia Supreme Court · 1888
- People v. . McCarthyNew York Court of Appeals · 1901
- Gaffney v. AldrichMichigan Supreme Court · 1891
3Cited by36 opinions
- United States v. ThompsonSupreme Court of the United States · 1920
- Collins v. LoiselSupreme Court of the United States · 1923
- Richmond v. StateWyoming Supreme Court · 1976
- People ex rel. Hirschberg v. CloseNew York Court of Appeals · 1956
- In re OxleyNevada Supreme Court · 1915
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