People v. Moore
New York Supreme Court
This was a certiorari to the county judge of Westchester county to review his decision, upon a habeas corpus, refusing to discharge the defendants from the custody of the sheriff of that county.
1Opinion of the Court
By the Court, Birdseye, J.
The defendants were tried before Thomas Smith, a justice of the peace of Westchester county, at a Court of Special Sessions, and, having been convicted, were sentenced to imprisonment in the county jail, and were committed accordingly.
The main objection to the commitment, on the argument, was, that the commitment did not show facts sufficient to confer jurisdiction on the committing magistrate. It does not set forth that the defendants, when brought before him, requested to be tried before a Court of Special Sessions (2 R. S., 711, § 2); or that, having been required…
2Cases cited1 opinion
- People v. GoodwinNew York Supreme Court · 1830
3Cited by2 opinions
- Gray's CaseNew York Supreme Court · 1860
- In re HoganNew York Supreme Court · 1878