Legal Opinion

People ex rel. Peachin v. Foster

New York Supreme Court

Decided January 10, 1946PublishedCited by 1 opinion

1Opinion of the CourtSearl, J.

This is the return of a writ requiring the warden of the State prison at Auburn, New York, to certify the cause of the imprisonment of relator.

Briefly, relator claims the Oneida County Court was without jurisdiction when a ten-year sentence was imposed on June 21, *3671930, the basis being that the Supreme Court had not conferred jurisdiction upon the County Court by remitting there the indictment “ By an order ”, entered in the minutes. (Code Crim. Pro., § 22, subd. 6.) Prior to the full service of the sentence, relator was paroled. While at liberty he was again indicted for forgery in…

2Cases cited6 opinions

  1. People v. . BradnerNew York Court of Appeals · 1887
  2. People Ex Rel. Carr v. MartinNew York Court of Appeals · 1941
  3. People Ex Rel. Kammerer v. BrophyNew York Court of Appeals · 1939
  4. People ex rel. Albahese v. HuntAppellate Division of the Supreme Court of the State of New York · 1943
  5. People Ex Rel. Albanese v. HuntNew York Court of Appeals · 1944

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3Cited by1 opinion

  1. People ex rel. Dold v. MartinAppellate Division of the Supreme Court of the State of New York · 1954

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