In re Hogan
New York Supreme Court
Habeas corpus. Hogan is detained by the superintendent of the western house of refuge under a mittimus issued by the police justice of the city of Rochester on a conviction of, for petit larceny.. Before the writ was served the police justice made sundry amendments to the mittimus, but they were made after Hogan had been imprisoned several months, and after the copy of the mittimus had been furnished, which is annexed to the petition for the suit.
1Opinion of the CourtAngle, J.
Mr. justice E. Darwin Smith and county judge Jerome Fuller, of this county, having, as I am informed by justice Smith, held, in cases before them, that a justice of the peace might amend' his mittimus after the defendant has *459been imprisoned on it, I shall follow their holding without an examination of the question. The counsel for the prisoner raises the following objections to the rmttvmus as it has been amended:
First. Ht contains no recital that ,a warrant was issued against Hogan.
Second. There is no recital that Hogan was ever brought before a magistrate as a magistrate.
Third. There is no…
2Cases cited2 opinions
- People v. PhillipsNew York Supreme Court · 1847
- People v. MooreNew York Supreme Court · 1857
3Cited by1 opinion
- The People v. . PowersNew York Court of Appeals · 1851