People ex rel. Peabody v. Chanler
Appellate Division of the Supreme Court of the State of New York
, Appeal by Harry IL. Thaw and Charles Morschauser, attorney for the relator, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of ithe county of Westchéster on the 12th day of October, 1908, dismissing a writ of habeas corpus theretofore issued upon the petition -of the relator in behalf of Harry K. Thaw, and directing that the «aid Thaw be remanded1 to the custody of the Hatteawan State Hospital for Criminal…
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, Appeal by Harry IL. Thaw and Charles Morschauser, attorney for the relator, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of ithe county of Westchéster on the 12th day of October, 1908, dismissing a writ of habeas corpus theretofore issued upon the petition -of the relator in behalf of Harry K. Thaw, and directing that the «aid Thaw be remanded1 to the custody of the Hatteawan State Hospital for Criminal Insane.
1Opinion of the Court
Jenks,, J.:
The point raised is that the statute whereby Thaw was committed is unconstitutional in that it does not provide for notice and a hearing. Thaw was committed pursuant to a provision contained in that part of the Code of Criminal Procedure which relates to-the trial and the verdict. ' (Part 4, tit. 7,. chap.'3'.) '-This-provision (§454) reads: “ When the defense is, insanity of, the defendant the jury must be instructed, if they acquit him on that ground, to state the fact with their verdict. The court must, thereupon, if the defendant be in custody, and they deem his discharge…
2Cases cited19 opinions
- Dent v. West VirginiaSupreme Court of the United States · 1889
- McKane v. DurstonSupreme Court of the United States · 1894
- Missouri v. LewisSupreme Court of the United States · 1880
- Hallinger v. DavisSupreme Court of the United States · 1892
- Freeman v. PeopleNew York Supreme Court · 1847
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3Cited by44 opinions
- In Re FranklinCalifornia Supreme Court · 1972
- People v. LallyNew York Court of Appeals · 1966
- Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979
- In Re SlaybackCalifornia Supreme Court · 1930
- People ex rel. Henig v. Commissioner of Mental HygieneNew York Court of Appeals · 1977
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