The People v. . Clews
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming upon certiorari, proceedings and 'order upon habeas corpus admitting defendant in error to bail. (Reported below, 14 Hun, 90.) The facts appear sufficiently in the opinion. No judge outside the county where the warrant was issued could admit the prisoner to bail. (Gorsline’s Case, 10 Abb., 282; 21 How., 85; People v. Glapham, 30 id., 202; People v. Dixon, 3 Abb.
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Error to the General Term of the Supreme Court, in the first judicial department, to review judgment affirming upon certiorari, proceedings and 'order upon habeas corpus admitting defendant in error to bail. (Reported below, 14 Hun, 90.) The facts appear sufficiently in the opinion. No judge outside the county where the warrant was issued could admit the prisoner to bail. (Gorsline’s Case, 10 Abb., 282; 21 How., 85; People v. Glapham, 30 id., 202; People v. Dixon, 3 Abb. Pr., 399; People v. McLeod, 25 Wend., 483.)
1Opinion of the CourtFolger, J.
The statutes of the State make some provisions for the cases and the modes in which a prisoner may be let to bail. It is said, that the authority given by these provisions, extends to all cases in which bail may be taken at common law : (Champlain v. The People, infra)
The defendant in error had been indicted, at the Chautauqua Oyer and Terminer, for an offence which, generally speaking, was bailable; and the indictment had been sent to the sessions of that county for trial. He was arrested hi New York city on a warrant duly issued. In such case, he was entitled to be released from custody, on…
2Cases cited3 opinions
- Champlain v. . the PeopleNew York Court of Appeals · 1848
- Gorsline's CaseNew York Supreme Court · 1860
- People v. ChapmanNew York Supreme Court · 1865
3Cited by7 opinions
- People, Ex Rel. Sherwin v. . MeadNew York Court of Appeals · 1883
- Herman v. LynchSupreme Court of Kansas · 1881
- Herrmann v. Brighton German Bank Co.Ohio Superior Court, Cincinnati · 1914
- People ex rel. Sherwin v. MeadNew York Supreme Court · 1882
- People ex rel. Sherwin v. MeadNew York Supreme Court · 1882
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