Legal Opinion

People ex rel. Lawton v. Snell

Appellate Division of the Supreme Court of the State of New York

Decided May 7, 1915PublishedCited by 2 opinions

Appeal by the relator, Leon Lawton, from an order of the County Court of Rensselaer county, entered in the office of the clerk of said county on the 11th day of December, 1914, dismissing the writ of habeas corpus herein and remanding the relator to custody.

1Opinion of the Court

Howard, J.:

On the application of the overseer of the poor of the city of Troy, the police justice of that city issued a warrant for the arrest of Leon Lawton who was charged with being the father of a bastard child likely to be born and of which Agnes Muckle wa's pregnant. Lawton was a resident of Schoharie county and was arrested in that county. When a warrant is issued in bastardy proceedings and the defendant is arrested in a county other than the one in which the warrant is issued, section 844 of the Code of Criminal Procedure commands that he be taken before a magistrate of the county in…

2Cases cited4 opinions

  1. People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
  2. People v. RoweSuperior Court of Buffalo · 1858
  3. In re LagraveNew York Supreme Court · 1873
  4. Hutton v. BretschAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by2 opinions

  1. People v. Ostrosky, New York County Courts1916
  2. Commissioners of Public Charities ex rel. Myers v. MyersNew York Family Court · 1915

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