People v. Degnen
New York Supreme Court
Certiorari. This proceeding was taken in the name of the People of the State of New York on the relation of the Society for the Reformation of Juvenile Delinquents in the City of New York, against Francis Degnen, respondent, by certiorari to review an order made by Mr. Justice Baiibour, of the superior court of the city of New York, discharging the respondent Francis Degnen from the custody of the managers of the House of Refuge on Randall’s Island.
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Certiorari. This proceeding was taken in the name of the People of the State of New York on the relation of the Society for the Reformation of Juvenile Delinquents in the City of New York, against Francis Degnen, respondent, by certiorari to review an order made by Mr. Justice Baiibour, of the superior court of the city of New York, discharging the respondent Francis Degnen from the custody of the managers of the House of Refuge on Randall’s Island. The order was made on the return to a writ of habeas corpus previously issued by Justice Barbour, and directed to the superintendent of the House…
1Opinion of the CourtClerke, J.
It is a mistake to say that the term indicated in the conviction is indefinite, so that it gives authority to the House of Refuge to confine the prisoner for an unascertainable period ; the words of the conviction itself indeed do not specify the precise period, but it refers with sufficient certainty to the authority given by law to this institution, and that is in express terms to retain in its custody male persons until their majority, and female persons until the age of eighteen years. By this provision the construction of every conviction is governed. Even if there was any ambiguity in…
2Cited by4 opinions
- People ex rel Duntz v. CoonNew York Supreme Court · 1893
- People v. Glowacki, New York County Courts1940
- People ex rel. Zeese v. MastenNew York Supreme Court · 1894
- City of Topeka v. BoutwellSupreme Court of Kansas · 1894