People ex rel. Dinsmore v. Keeper of the Erie County Penitentiary
Appellate Division of the Supreme Court of the State of New York
Appeal by The People of the State of New York, by John K. Patterson, Jr., district attorney of Chautauqua county, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Chautauqua on the 9th day of December, 1907, discharging the relator from the custody of the keeper of the Erie County Penitentiary upon the return to a writ of habeas corpus.
1Opinion of the Court
Kruse, J.:
The order from which this appeal was taken was made upon the return of a writ of habeas corpus issued at the instance of the relator and directed'to the keeper of the Erie County Penitentiary. A demurrer was interposed by the relator to the return. While the order does not in terms sustain the demurrer, such was its effect since it discharged the relator from imprisonment.
The relator was charged with “ openly outraging public decency in violation of section 675 of the Penal Code,” and was convicted of that offense upon his plea of guilty, and sentenced to imprisonment in the Erie…
2Cases cited5 opinions
- People v. . WiechersNew York Court of Appeals · 1904
- People v. CarterNew York Supreme Court · 1895
- People ex rel. Schneider v. HayesAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Bidwell v. PittsAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Ryan v. WebsterNew York Supreme Court · 1895
3Cited by15 opinions
- People ex rel. Hubert v. KaiserAppellate Division of the Supreme Court of the State of New York · 1912
- People v. Williams, New York County Courts1930
- MacOmber v. AlexanderOregon Supreme Court · 1953
- People v. Earing, New York County Courts1911
- People v. Newman, New York County Courts1930
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