People Ex Rel. Kenny v. Adams
New York Court of Appeals
I. The relator has a constitutional right to immunity from this prosecution. (People v. Beale, 131 Mise. 96; Dunham v. Ottinger, 243 N. Y. 437; Hale v. Henkel, 201 U. S. 43; Brown v. Walker, 161 U. S. 591; People ex rel. Ferguson v. Reardon, 197 N. Y. 236; People ex rel. Leioisohn v. O’Brien, 176 N. Y. 253; Boyd v. United States, 116 U. S. 616.) II. The relator’s books were surrendered under legal process accompanied by coercion and threats. (People y.
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I. The relator has a constitutional right to immunity from this prosecution. (People v. Beale, 131 Mise. 96; Dunham v. Ottinger, 243 N. Y. 437; Hale v. Henkel, 201 U. S. 43; Brown v. Walker, 161 U. S. 591; People ex rel. Ferguson v. Reardon, 197 N. Y. 236; People ex rel. Leioisohn v. O’Brien, 176 N. Y. 253; Boyd v. United States, 116 U. S. 616.) II. The relator’s books were surrendered under legal process accompanied by coercion and threats. (People y. Defore, 242 N. Y. 13; People v. Adams, 176 N. Y. 351.). III. The relator seasonably asserted his constitutional rights. (People ex rel. Taylor…
1Opinion of the CourtDesmond, J.
Relator, a stock broker, having been thrice indicted on various counts charging crimes of grand larceny and of conducting a “ bucket shop ”, sued out this writ of habeas corpus to test the validity of his detention in the City Prison, where he was awaiting trial on the indictments aforesaid. Relator’s petition sets out his claim that all the indictments áre based on data found by the prosecutor in relator’s books of account, which books, asserts relator, were taken from him by the Attorney-General under such circumstances as to confer immunity on relator, under the terms of section 359 of the…
2Cases cited7 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- People v. DeforeNew York Court of Appeals · 1926
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- Dunham v. OttingerNew York Court of Appeals · 1926
- People Ex Rel. Lewisohn v. . O'BrienNew York Court of Appeals · 1903
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3Cited by13 opinions
- People v. Di BiasiNew York Court of Appeals · 1960
- People v. LainoNew York Court of Appeals · 1961
- State Ex Rel. May v. SwensonSupreme Court of Minnesota · 1954
- People v. SpanoNew York Court of Appeals · 1958
- Schultz v. YeagerDistrict Court, D. New Jersey · 1967
8 more not listed; retrieve them via the Exa API.