Legal Opinion
People ex rel. Donohue v. Walton
New York Supreme Court
Decided June 15, 1901PublishedCited by 2 opinions
Hearing of the issue raised by a demurrer to a return to tho writ of habeas corpus.
1Opinion of the CourtGaynor, J.
By the return it appears that the relator is detained in the county jail under a warrant of commitment made *321by a magistrate of the City of New York. The certificate of conviction and warrant of commitment (Code Crim. Pro., §§ 891-2) recite that she was'brought before the said magistrate on June 2, 1901, upon complaint of being, a vagrant, and that on the said day the magistrate heard the case and convicted her, and committed her to the county jail for one month at hard labor.
As the day was Sunday it is claimed that the certificate of conviction and warrant of commitment are void. This is so.…
2Cases cited2 opinions
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Van Vechten v. PaddockNew York Supreme Court · 1815
3Cited by2 opinions
- People ex rel. Price v. WardenAppellate Division of the Supreme Court of the State of New York · 1902
- People v. FoxNew York Court of Appeals · 1912