People ex rel. Newton v. Special Term, Part 1, of Supreme Court
Appellate Division of the Supreme Court of the State of New York
Application by the relator, Charles E. Newton, for an alternative writ of prohibition to restrain Special Term, Part 1, of the Supreme Court in and for the county of New York, and the justice presiding thereat and each of the defendants from taking any further proceedings with respect to a motion made by the defendants, Charles F. Murphy and others, for the dismissal of a joint indictment charging them with the crime of conspiracy presented against them on the 22d day of…
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Application by the relator, Charles E. Newton, for an alternative writ of prohibition to restrain Special Term, Part 1, of the Supreme Court in and for the county of New York, and the justice presiding thereat and each of the defendants from taking any further proceedings with respect to a motion made by the defendants, Charles F. Murphy and others, for the dismissal of a joint indictment charging them with the crime of conspiracy presented against them on the 22d day of June, 1920, at an Extraordinary Trial Term of the Supreme Court, presided over by Mr. Justice Weeks. The petition of the…
1Opinion of the Court
Laughlin, J.:
Special Term, Part 1, at which the motion was made, was duly appointed to be held at that time and place by the justices of this court, and the justice presiding thereat was duly assigned to hold it, but that would be immaterial since he was a justice of the Supreme Court. (State Const. art. 6, § 6; People v. Herrmann, 149 N. Y. 190; People v. Pustolka, Id. 570.) The application for the alternative writ of prohibition presents but a single point which is one of law as to whether the Special Term had jurisdiction to entertain the motion for the dismissal of the indictment, it…
2Cases cited8 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- Thomson v. . TracyNew York Court of Appeals · 1875
- Mussen v. Ausable Granite WorksNew York Supreme Court · 1892
- People ex rel. Martin v. BradyAppellate Division of the Supreme Court of the State of New York · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Schneider v. AulisiNew York Court of Appeals · 1954
- People v. HarrisNew York Supreme Court · 1944
- People ex rel. Sherman v. Adjourned Special Term of Orange CountyAppellate Division of the Supreme Court of the State of New York · 1923
- People ex rel. Nassoit v. YoungAppellate Division of the Supreme Court of the State of New York · 1921
- Innes v. CosgroveNew York Supreme Court · 1941
7 more not listed; retrieve them via the Exa API.