People Ex Rel. Comaford v. . Dutcher
New York Court of Appeals
Appeal from order of the General Term of the .Supreme Court, in the second judicial department, made February 10, 1880, affirming an order of Special Term, admitting the relator to bail. (Reported below, 20 Hun, 241.) The relator was in the custody of defendant, the sheriff of the county of Dutchess, by virtue of a commitment from -the recorder of the city of Poughkeepsie, upon a charge of petit larceny not charged as a second offense.
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Appeal from order of the General Term of the .Supreme Court, in the second judicial department, made February 10, 1880, affirming an order of Special Term, admitting the relator to bail. (Reported below, 20 Hun, 241.) The relator was in the custody of defendant, the sheriff of the county of Dutchess, by virtue of a commitment from -the recorder of the city of Poughkeepsie, upon a charge of petit larceny not charged as a second offense. The relator offered to give bail but the recorder refused to accept it and held him for trial "on said charge. The relator thereupon procured a writ of habeas…
1Opinion of the CourtMiller, J.
The relator, after an examination before the magistrate upon the charge of petit larceny and his decision that the offense had been committed by the relator, offered to give bail for his appearance at the next court having cognizance of the offense. This having been refused, and the relator having been held for trial by the officer for the offense charged, he sued out a writ of habeas corpus before a justice of the Supreme Court, and after a hearing the justice decided that the relator he allowed to enter into a recognizance, and having done so discharged him from custody.
Upon these facts the…
2Cases cited3 opinions
- People Ex Rel. Murray v. Justices of Court of Special Sessions of PeaceNew York Court of Appeals · 1878
- People ex rel. Stetzer v. RawsonNew York Supreme Court · 1872
- Hill v. . the PeopleNew York Court of Appeals · 1859
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- State v. 1920 Studebaker Touring CarOregon Supreme Court · 1926
- People Ex Rel. Cosgriff v. . CraigNew York Court of Appeals · 1909
- Loeb v. JenningsSupreme Court of Georgia · 1910
- Cooley v. WilderAppellate Division of the Supreme Court of the State of New York · 1932
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