Matter of Buchanan
New York Court of Appeals
Motion for an order directed to the agent and warden of the state prison at Sing Sing, in whose custody Robert W. Buchanan is, commanding that he be brought before the Court of Appeals in order that it may inquire into the circumstances, and, if no legal reason exists, direct the execution of liis sentence.
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Motion for an order directed to the agent and warden of the state prison at Sing Sing, in whose custody Robert W. Buchanan is, commanding that he be brought before the Court of Appeals in order that it may inquire into the circumstances, and, if no legal reason exists, direct the execution of liis sentence. This is an application of the district attorney of the city and county of New York under section 503 of the Code of Criminal Procedure, for an order to bring Robert W. Buchanan before this court to the end that a warrant be issued under section 504, commanding the agent and warden of the…
1Opinion of the Court
Andrews, Ch. J.
This application must be granted “ if no legal reason exists against the execution of the sentence.” (Code Crim. Pro. § 504.) The only suggestion made by counsel for the defendant containing a semblance of a legal reason against granting the application is that the aj>peal to the United States Supreme Court, taken on the 29th day of April, 1895, from the decision of the district judge denying the writ of habeas corpus, operated to suspend all proceedings and deprived the state courts of any power to act in the premises until the appeal shall be heard and determined. There is no…
2Cases cited6 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
- Lambert v. BarrettSupreme Court of the United States · 1895
- Carper v. FitzgeraldSupreme Court of the United States · 1887
- Sterling v. DrakeOhio Supreme Court · 1876
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3Cited by7 opinions
- Snodgrass v. StateCourt of Criminal Appeals of Texas · 1912
- Snodgrass v. StateCourt of Criminal Appeals of Texas · 1912
- People v. HarrisNew York Supreme Court · 1944
- State v. MillerSupreme Court of Kansas · 1950
- People ex rel. Childs v. Extraordinary Trial Term of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1918
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