People ex rel. Jacobs v. McGirr
New York Supreme Court
Cebtioeabi to inquire into the cause of relator’s detention.
1Opinion of the CourtScott, J.
This is an application by certiorari to inquire into the cause of relator’s detention. As appears by the return to the writ of habeas corpus issued simultaneously with the writ of certiorari, the immediate cause of his detention is a warrant issued by the above-named respondent, reciting that the relator has been charged with the crime of perjury, and directing that he be apprehended and brought before the magistrate to answer to the charge. In cases of such a detention the court is called upon to look into the proceedings before the magistrate to see whether the warrant is supported by legal…
2Cases cited2 opinions
- People ex rel. Bungart v. WellsAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Fleischman v. FoxNew York Supreme Court · 1901
3Cited by3 opinions
- United States v. BasilikoDistrict of Columbia Court of Appeals · 1943
- People v. O'Neil, New York County Courts1951
- People ex rel. Cohen v. Warden of Third District PrisonAppellate Division of the Supreme Court of the State of New York · 1912