Legal Opinion

People ex rel. Edelstein v. Warden of City Prison

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1912PublishedCited by 9 opinions

Appeal by the defendant, The Warden of the City Prison, from an ex parte order of the Supreme Court, made at the Kings County Special Term, bearing date the 18th day of September, 1912, and entered in the office of the clerk of the county of Kings, as modified by an order dated the 2d day of October, 1912, and entered in said clerk’s office, sustaining a writ of habeas corpus and discharging the relator from custody.

1Opinion of the Court

Woodward, J.:

The petition for the writ of habeas corpus is made by the managing clerk of relator’s attorney, and sets forth in substance that Morris Edelstein is illegally detained by the respondent upon the charge' of being a fugitive from the justice of the State of New Jersey, in that he is charged in the city of Paterson, N. J., with, having committed the crime of arson on or about the 18th day of. June, 1912. The petition also alleges on information and belief that Morris Edelstein was never in the city of Paterson, State of New Jersey, at any time, and more particularly on June 18,…

2Cases cited4 opinions

  1. Hyatt v. People Ex Rel. CorkranSupreme Court of the United States · 1903
  2. People Ex Rel. Corkran v. . HyattNew York Court of Appeals · 1902
  3. Faust v. United StatesSupreme Court of the United States · 1896
  4. Elliott v. KnottCourt of Appeals of Maryland · 1859

3Cited by9 opinions

  1. People ex rel. Hauptmann v. HanleyNew York Supreme Court · 1934
  2. People ex rel. Hauptmann v. HanleyAppellate Division of the Supreme Court of the State of New York · 1934
  3. People ex rel. Drake v. OslwynAppellate Division of the Supreme Court of the State of New York · 1976
  4. People ex rel. Harris v. Warden, New York City Adult Remand CenterAppellate Division of the Supreme Court of the State of New York · 1973
  5. Ryan v. RogersWyoming Supreme Court · 1913

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