People v. Freileweh
Appellate Division of the Supreme Court of the State of New York
Appeal from Ulster county court. Frederick W. Freileweh was convicted by the court of special sessions, held by the recorder of the city of Kingston, of selling beer without a license, in violation of Laws 1892, c. 401, § 31, and from a judgment of the county court affirming the same, he appeals.
1Opinion of the CourtLandon, J.
The court of special sessions had jurisdiction to hear and determine the offense charged (Code Cr. Proc. § -56, subd. 32), subject to the provisions of sections 57 and 58. These provisions give to the defendant the right to ask that his case be presented to the grand jury, and prescribe the practice upon such request, and proceedings under them may result in ousting the special sessions of jurisdiction. Section 58 provides:
“When the defendant is brought before the magistrate it shall be the duty of the magistrate to inform him of his rights under section 57, and this section.”
The return…
2Cases cited1 opinion
- People v. CowieNew York Supreme Court · 1895
3Cited by2 opinions
- People v. BarryAppellate Division of the Supreme Court of the State of New York · 1897
- People v. BarryNew York Supreme Court · 1897