People Ex Rel. Burnham v. . Flynn
New York Court of Appeals
■ Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July-23, 1906, which reversed an order of Special Term dismissing a writ of habeas corpus, reinstated said writ and directed the discharge of the relator, from custody. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtEdward T. Bartlett, J.
Complaint was made to a magistrate in the city of New York charging relator, Charles Burn-ham, with violating section 168, subdivision 5, of the Penal Code, which reads as follows: “ § 168. Conspiracy defined.— If two or more persons conspire, either * * * 5. To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use or employment thereof. * * * Each of them is guilty of a misdemeanor.”
After…
2Cases cited3 opinions
- Collister v. . HaymanNew York Court of Appeals · 1905
- Burton v. ScherpfMassachusetts Supreme Judicial Court · 1861
- Collister v. HaymanAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by33 opinions
- Woollcott v. . ShubertNew York Court of Appeals · 1916
- Madden v. Queens County Jockey Club, Inc.New York Court of Appeals · 1947
- Aaron v. . WardNew York Court of Appeals · 1911
- Marrone v. Washington Jockey ClubSupreme Court of the United States · 1913
- Foster v. Shubert Holding Co.Massachusetts Supreme Judicial Court · 1944
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