People v. Folmsbee
New York Supreme Court
HABEAS CORPUS to admit to bail. This proceeding was taken .under section 19 of the statue, (2 B. S. 765, § 19, Edm. ed.,) which provides for the issuing of a writ of habeas corpus after sentence, where a writ of error, with a stay of proceedings on the judgment, has been allowed with a view to let the prisoner to bail.
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HABEAS CORPUS to admit to bail. This proceeding was taken .under section 19 of the statue, (2 B. S. 765, § 19, Edm. ed.,) which provides for the issuing of a writ of habeas corpus after sentence, where a writ of error, with a stay of proceedings on the judgment, has been allowed with a view to let the prisoner to bail. The facts of the case are as follows: The prisoner, Folmsbee, with another person, LeBaron, was convicted in the court of sessions, in Saratoga county, under an indictment charging them with an assault and battery upon a constable while in the exercise of his duty in making an…
1Opinion of the CourtBockes, J.
It is insisted on the part of the people, that the writ should be discharged for want of jurisdiction, inasmuch as it is not made to appear that there is no officer in the county of Albany, where the prisoner was detained, having authority to issue the writ. This objection is based on section 24 of the statute applicable to habeas corpus. (3 R. S. 884, § 38, [24] 5th ed.) This objection was considered by Justice Harris, in The People v. Hanna, (3 How. 39,) in an elaborate and well considered opinion, and was overruled. It is here unnecessary to do more than refer to that case, as the question…
2Cases cited1 opinion
- People v. LohmanNew York Supreme Court · 1848
3Cited by5 opinions
- United States v. HudsonDistrict Court, W.D. Arkansas · 1894
- People ex rel. Van Buren v. Superintendent of the New York State Reformatory for Women At BedfordNew York Supreme Court · 1922
- Shanks' CaseNew York Supreme Court · 1873
- People v. LevyNew York Supreme Court · 1915
- People v. TweedNew York Supreme Court · 1874