Legal Opinion

People ex rel. Woodbury v. Hendrick

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

Decided May 14, 1915PublishedCited by 2 opinions

Return of an alternative writ of prohibition heretofore issued out of this court and attested on the 28th day of April, 1915, restraining, pending the hearing, the submission of issues on a writ of habeas corpus to a jury.

1Opinion of the Court

Laughlin, J.:

In the month of January, 1908, the respondent Thaw was duly tried at a term of the Supreme Court in the county of Hew York on an indictment for murder in the first degree and was acquitted on the ground of insanity, and thereupon the justice presiding at the trial duly made an order pursuant to the provisions of section 454 of the Code of Criminal Procedure requiring that Thaw be detained in safe custody and sent to the Matteawan State Hospital, there to be kept until discharged by due course of law. (See People ex rel. Peabody v. Chanler, 133 App. Div. 159; affxl., 196 N. Y.…

2Cases cited11 opinions

  1. People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
  2. The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
  3. Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
  4. People Ex Rel. Jerome v. Court of General Sessions of the PeaceNew York Court of Appeals · 1906
  5. People ex rel. Peabody v. ChanlerAppellate Division of the Supreme Court of the State of New York · 1909

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3Cited by2 opinions

  1. In re TorsneyAppellate Division of the Supreme Court of the State of New York · 1979
  2. People ex rel. Flannery v. WorthingNew York Supreme Court · 1941

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