Massachusetts v. Klaus
Appellate Division of the Supreme Court of the State of New York
Appeal by the People of the State of New York from an order of the Supreme Court, made at the . New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of June, 1910, denying á motion for the issuance of a subpoena, pursuant to section 618a of the Code of Criminal Procedure.
1DissentLaughlin, J.
The provisions of section 618a of the Code of Criminal Procedure, quoted in the opinion of Mr. Justice Scott and under winch the application was made to the Special Term for a subpoena commanding one Rembrandt Peale, found within the State, hut a citizen and resident of Pennsylvania, the respondent, to leave the State and appear at Boston as' a witness in a criminal prosecution pending in the State of Massachusetts, apply not only to the citizens of this State, hut to all residents and to all persons within the State, whether citizens, residents or not.
I have grave doubt upon several grounds…
2Cases cited15 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Ker v. IllinoisSupreme Court of the United States · 1886
- United States v. RauscherSupreme Court of the United States · 1886
- Crandall v. NevadaSupreme Court of the United States · 1868
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
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