People ex rel. Acritelli v. Grout
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward M. Grout, comptroller of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of May, 1903, granting the relators’ motion for a peremptory writ of mandamus requiring the appellant to pay to the relators the amount awarded by a justice of the Court of General Sessions of the county of New York to Ambrose H. Purdy, as…
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Appeal by the defendant, Edward M. Grout, comptroller of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of May, 1903, granting the relators’ motion for a peremptory writ of mandamus requiring the appellant to pay to the relators the amount awarded by a justice of the Court of General Sessions of the county of New York to Ambrose H. Purdy, as compensation for services rendered by the latter as counsel in a capital case. The relators claim under an assignment from Purdy.
1Dissent
Ingraham, J. (dissenting):
The important question presented on this appeal is as to the constitutionality of section 308 of the Code of Criminal Procedure. As originally enacted this section provided that if the defendant was indicted for a crime, when he appeared for arraignment without counsel, “ he must be asked if he desire the aid of counsel, and if he does, the court must assign counsel.” (Laws of 1881, chap. 442, § 308.) By chapter 521 of the Laws of 1893 there was added to this section a provision that “when services are rendered by counsel in pursuance of such assignment in a case…
2Cases cited5 opinions
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- Jensen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- In re StrausAppellate Division of the Supreme Court of the State of New York · 1899
- Chapman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- People v. FullerNew York Court of General Session of the Peace · 1901