People ex rel. Garling v. Van Allen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming, upon certiorari, the proceedings of a brigade court-martial of the National Guard of the State of New York. The relator was brought before a brigade court-martial, held in Schenectady, on the 10th of February, 1870, and tried upon charges and specifications.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming, upon certiorari, the proceedings of a brigade court-martial of the National Guard of the State of New York. The relator was brought before a brigade court-martial, held in Schenectady, on the 10th of February, 1870, and tried upon charges and specifications. He appeared with counsel, and, both before and after pleading to the charge, he demanded that he be permitted to defend with counsel. The court ruled that the counsel could only be permitted to act in the capacity authorized by…
1Opinion of the Court
Church, Ch. J.
The question presented in this case is whether a person prosecuted for an offence before a court-martial organized under the laws of this State, can demand, as a constitutional right, that he be allowed to defend with counsel, or whether this privilege is a matter of favor and discretion. Section 6 of article 1 of the Constitution declares that “ no person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with…
2Cases cited2 opinions
- People Ex Rel. Underwood v. . DaniellNew York Court of Appeals · 1872
- Rathbun v. SawyerNew York Supreme Court · 1836
3Cited by3 opinions
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