Gray's Case
New York Supreme Court
Habeas corpus to inquire into the detention of Wm. M. Gray, who was imprisoned on a summary conviction as a vagrant. The facts are stated in the opinion.
1Opinion of the CourtIngraham, J.
The prisoner was committed by a police-justice, on the ground of his having been convicted of being a vagrant, viz.: an idle person not having visible means to maintain himself, and an habitual drunkard. He is now brought before me on habeas corpus, and his discharge asked for on the ground that the commitment is not for any offence provided by statute.
The practice of reviewing convictions before justices on habeas corpus is not to be commended. The statute permits another mode for correcting the errors of the justice, which should be resorted to. If the commitment is regular, and the justice…
2Cases cited1 opinion
- People v. MooreNew York Supreme Court · 1857
3Cited by2 opinions
- People ex rel. Smith v. Van De CarrAppellate Division of the Supreme Court of the State of New York · 1903
- People on rel. Ritterman v. KellyThe Superior Court of New York City · 1866