People Ex Rel. Hummel v. . Trial Term
New York Court of Appeals
Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 26, 1905, denying the relator’s application for an absolute writ of prohibition to restrain the prosecution of certain criminal proceedings against him and quashing an alternative writ which had been previously issued.
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Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 26, 1905, denying the relator’s application for an absolute writ of prohibition to restrain the prosecution of certain criminal proceedings against him and quashing an alternative writ which had been previously issued. The facts, so far as material, are stated in the opinion-. Prohibition will lie to restrain proceedings under indictments found upon evidence extorted from the person accused in violation of the rights secured to him by the Constitution. (People v. Rutherford, 47…
1Opinion of the CourtHaight, J.
The grand jury of the Court of General Sessions of the Peace held in and for the county of Hew York had found two indictments against the relator, charging him with the crime of subornation of perjury. These indictments had been transferred to the criminal branch of the Supreme Court which was held by Justice Davy, before whom the district attorney contemplated the trial of the charges. Thereupon the defendant moved the court for an order quashing the indictments upon the ground that he had been compelled to testify against himself before the grand jury. This motion was denied and then the…
2Cases cited5 opinions
- People v. . GlenNew York Court of Appeals · 1903
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Alexander v. CrollottSupreme Court of the United States · 1905
- People Ex Rel. Adams v. WestbrookNew York Court of Appeals · 1882
- People ex rel. Burbank v. WoodAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by56 opinions
- Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- Matter of Hogan v. Court of General SessionsNew York Court of Appeals · 1946
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- People v. De FeoNew York Court of Appeals · 1955
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