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…
1Dissent
Haight, J. (dissenting) :
Hnder the Code of Criminal Procedure, when a defendant is brought before a magistrate upon an arrest either with or without a warrant, charged with having committed a crime, it is the duty of the magistrate to inform him of the charge and of his right to the aid of counsel, and to give him reasonable opportunity to procure the same. It then is the duty of the magistrate to proceed and examine the ease and after hearing the proofs and the statement of the defendant, if he wishes to malee one, and it appears to the magistrate that no crime has been committed or that…
2Cases cited1 opinion
- Canter v. PeopleNew York Court of Appeals · 1867