People ex rel. McGowan v. Warden of City Prison
Appellate Division of the Supreme Court of the State of New York
Appeal by the relators, William McGowan and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 1st day of August, 1912, dismissing a writ of habeas corpus theretofore allowed upon the petition of the relators and remanding the prisoners.
1Opinion of the Court
The following is the opinion of the Special Term:
Blackmar, J.:
The relators ask their discharge because two terms of the court have been held since their indictment and they have not been tried. It is claimed that this is one of the privileges of the writ of habeas corpus which is secured by the Constitution of 1821.* To reach this result reference is made to the Habeas Corpus Act of Charles II (Laws of 1679, chap. 2)† and to chapter 39 of the Laws of 1787, chapter 65 of the Laws of 1801, and chapter 57, section 6, of ■ the Revised Laws of 1813.‡ Undoubtedly the Constitution of 1821 put beyond…
2Cited by2 opinions
- People ex rel. Seiler v. Warden of City PeisonNew York Supreme Court · 1951
- People ex rel. Ruppert v. HoyNew York Supreme Court · 1966