Legal Opinion

People v. Fox

New York Court of Appeals

Decided June 4, 1912Published

Appeal from an order of the Appellate Division of the Stapreme Court in the first judicial department, entered April 4, 1912, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to custody. The facts, so far as material, are stated in the opinion.

1Opinion of the Court

Werner, J. :

The relator was imprisoned under a commitment which recited that she had been found guilty of disorderly conduct which, in the opinion of the magistrate, tended to a breach of the peace. She was arrested in New York city on Sunday,' Eebrúary 25th, 1912, taken directly before a city magistrate, where she pleaded not guilty and was summarily convicted and sentenced. By her petition for a wri of habeas corpus she challenges the legality of her conviction on the ground that the magistrate had no power to hear, try and determine her case on Sunday. At Special Term the writ was…

2Cases cited29 opinions

  1. Pearce v. AtwoodMassachusetts Supreme Judicial Court · 1816
  2. Merritt v. . EarleNew York Court of Appeals · 1864
  3. Wood v. City of BrooklynNew York Supreme Court · 1852
  4. State v. . McGimseySupreme Court of North Carolina · 1879
  5. People v. DeweyNew York Supreme Court · 1898

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