Legal Opinion

People v. Moore

New York Supreme Court

Decided June 15, 1857PublishedCited by 2 opinions

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

  1. People v. GoodwinNew York Supreme Court · 1830

3Cited by2 opinions

  1. Gray's CaseNew York Supreme Court · 1860
  2. In re HoganNew York Supreme Court · 1878

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