People Ex Rel. Murray v. Justices of Court of Special Sessions of Peace
New York Court of Appeals
Error to the General Term of the Supreme Court, in the first judicial department, to review judgment, affirming a judgment of the Court of Special Sessions of the peace in and for the city and county of New York, convicting the relator of an assault and battery. The facts appear sufficiently in the opinion. The trial of the accused without a jury was unconstitutional and void. (People v. Kennedy, 2 Park.
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Error to the General Term of the Supreme Court, in the first judicial department, to review judgment, affirming a judgment of the Court of Special Sessions of the peace in and for the city and county of New York, convicting the relator of an assault and battery. The facts appear sufficiently in the opinion. The trial of the accused without a jury was unconstitutional and void. (People v. Kennedy, 2 Park. Cr., 312; In re Sweatman, 1 Cow., 151, note; 3 R. S. [6th ed.], 242, § 71; id., 1009, §§ 29, 30; id., 1004, §§ 8, 9, 12; id., 1007, § 19; Laws 1855, chap. 337, § 5; Laws 1858, chap. 282, § 8;…
1Opinion of the Court
Church, Ch. J.
The relator was arrested and brought before a police justice on a charge of assault and battery, and being held upon such charge he elected to be tried by the Court of Special Sessions of the peace, and in default of bail was committed to jail. Afterwards he was brought before Judge Donohue upon habeas corpus, and gave bail to appear before, the Court of Special Sessions for trial. He did appear and was tried by the court without objection, and was convicted and sentenced to four months imprisonment. The counsel for the relator claims that he had the constitutional right of…
2Cases cited2 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Murphy v. PeopleNew York Supreme Court · 1824
3Cited by45 opinions
- People v. . ThornNew York Court of Appeals · 1898
- People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
- Ex parte HollwedellSupreme Court of Missouri · 1881
- United States v. Michael Allen Stewart, United States of America v. Thomas Allen StewartCourt of Appeals for the Sixth Circuit · 1978
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. WithrowSupreme Court of Missouri · 1896
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