People ex rel. Kiebrick v. Roosevelt
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 29th day of October, 1895, directed to Theodore Roosevelt, Andrew D. Parker, Avery D. Andrews and Frederick D. Grant, as police commissioners of the city of Hew York, constituting the board of police of the police department of said city, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings'in regard to the dismissal of the relator from the…
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Certiorari issued out of the Supreme Court and attested on the 29th day of October, 1895, directed to Theodore Roosevelt, Andrew D. Parker, Avery D. Andrews and Frederick D. Grant, as police commissioners of the city of Hew York, constituting the board of police of the police department of said city, commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings'in regard to the dismissal of the relator from the police force of the police department of the city of Hew York.
1Opinion of the Court
Barrett, J.:
The respondents, in their return, specifically state that, after the relator’s trial had ended, they considered his record upon the question of guilt. It was upon “due consideration,” so they say, of this record in connection with the testimony, that they determined that he “was guilty as charged.” This was clearly erroneous. (People ex rel. McAleer v. French, 119 N. Y. 505 ; People ex rel. *578Roe v. MacLean, 57 Hun, 141.) The record was not introduced upon the trial, and the accused had no opportunity of explaining it. It was read and considered in his absence, and without his…
2Cases cited2 opinions
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
- People ex rel. Roe v. McLeanNew York Supreme Court · 1890
3Cited by9 opinions
- Hughes v. Department of Public SafetySupreme Court of Minnesota · 1937
- People ex rel. Dermody v. YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Strauss v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. O'Neill v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. McCollum v. ScannellAppellate Division of the Supreme Court of the State of New York · 1900
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