People v. Barry
New York Supreme Court
Appeal from a judgment convicting defendant of assault and battery in the third degree. January 6, 1896, the defendant was arrested, and taken before A. Dunham, a justice of the peace of the town of Manchester, charged with the crime of assault and battery in the third degree; and in the justice’s minutes, it is stated that the defendant “was informed by me of his right to counsel, witnesses, and a trial by jury.
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Appeal from a judgment convicting defendant of assault and battery in the third degree. January 6, 1896, the defendant was arrested, and taken before A. Dunham, a justice of the peace of the town of Manchester, charged with the crime of assault and battery in the third degree; and in the justice’s minutes, it is stated that the defendant “was informed by me of his right to counsel, witnesses, and a trial by jury. Defendant asked for time to procure counsel and witnesses and pleads not guilty. Adjourned, at the request of defendant, until the 8th day of January, 1896, at 11 o’clock a. m.…
1Opinion of the CourtHardih, P. J.
Assault in the third degree is one of the-crimes enumerated in section 56 of the Code of Criminal Procedure, which section declares that, subject to the power of removal, courts of special sessions have, in the first instance, exclusive jurisdiction to hear and determine charges of misdemeanors.
“ When a' person is brought before a magistrate charged with commission of any of the crimes mentioned in section 56, and asks-that his case be presented to the grand jury, the proceedings shall, be adjourned for not less than five nor more ten days.”
That section further provides, viz. :
“And when the…
2Cases cited4 opinions
- People v. CowieNew York Supreme Court · 1895
- People v. FreilewehAppellate Division of the Supreme Court of the State of New York · 1896
- People v. AustinNew York Supreme Court · 1888
- People v. FreilewehAppellate Division of the Supreme Court of the State of New York · 1896