People v. Austin
New York Supreme Court
Appeal from court of sessions, Jefferson county. The defendant, Dempster C. Austin, was charged before a court of special sessions, with a violation of Laws N. Y. 1885, c. 183, relating to diluted milk. When arraigned he pleaded not guilty, waived preliminary examination, and offered to give bail for appearance before the next grand jury of the county. His offer was refused, and he demanded a jury, and, on the trial, a verdict of guilty was rendered, and he appeals.
1Opinion of the CourtHardin, P. J.
Article 6 of the constitution of the state of New York, (section 26,) contains the following provision: “Courts of special sessions shall have such jurisdiction of offenses of the grade of misdemeanors as may be prescribed by law.” After the adoption of that section the legislature passed chapter 390 of the laws of 1879, which provided: “Courts of special sessions * * * shall, in addition to the powers now possessed by them, have also exclusive jurisdiction in the first instance to hear and determine the following cases.” Then the statute contains six enumerations of offenses. Shortly…
2Cases cited5 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
- 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
3Cited by3 opinions
- People v. HarrisNew York Supreme Court · 1889
- People v. BarryAppellate Division of the Supreme Court of the State of New York · 1897
- People v. BarryNew York Supreme Court · 1897