Powers v. People
New York Supreme Court
In error, on certiorari. On the loth March, 1805, one Tarpenning complained to three justices of the county of ■* ° r J J ■ Cayuga, that Polly Powers, the plaintiff in error, had felo- . , niously stolen a handkerchief, the property of the cornplainant.
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In error, on certiorari. On the loth March, 1805, one Tarpenning complained to three justices of the county of ■* ° r J J ■ Cayuga, that Polly Powers, the plaintiff in error, had felo- . , niously stolen a handkerchief, the property of the cornplainant. The accused appeared before the justices, and denied the charge; and, on the oath of three witnesses, she was convicted, and fined 5 dollars. ’ On the return to the.certiorari, the case was submitted to" , . the court, without argument,
1Per curiam
The principal objection to this case is, that the record does not show sufficient to give the justices jurisdiction. No consent, on the part of the prisoner, has been shown or averred, as to any part of the proceedings. We are to intend, that they were compulsory. It ought, then, to have appeared, that she had not given bail after being apprehended, and that she had 48 hours to procure such bail; (Laws of N. Y. 24 sess. c. 70. s. 11.) but the complaint was made on the 10th March, and she was summoned to appear before the justices, and did appear, and was tried on the same day. The value of…
2Cited by15 opinions
- State v. MetzgerSupreme Court of Missouri · 1857
- Sheldon v. . WrightNew York Court of Appeals · 1851
- City of Marshall v. StandardMissouri Court of Appeals · 1887
- M'Carroll's Lessee v. WeaksTennessee Supreme Court · 1814
- People v. Quimby, New York County Courts1911
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