People ex rel. Thaw v. Grifenhagen
New York Supreme Court
Habeas corpus by the People, on the relation of Harry K. Thaw, against Max S. Grifenhagen, as Sheriff of the County of New York, and John J. Hanley, Warden of the City Prison. Relator’s motion to impanel a jury granted.
1Opinion of the CourtHendrick, J.
This is an application on the return of a writ of habeas corpus for a trial by jury of the question of fact whether or not Harry K. Thaw is insane at the present time.
[1] The motion is addressed to the discretion of the court, and it is not claimed by counsel for the relator that Thaw is entitled to a jury trial in this proceeding as a matter of right. The opposition to the motion on behalf of the people of the state, represented by the Attorney General and the district attorney of this county, rests on the contention that the court has no power to order a jury trial of the issues of fact in…
2Cases cited10 opinions
- Sporza v. . German Savings BankNew York Court of Appeals · 1908
- Storti v. MassachusettsSupreme Court of the United States · 1901
- People ex rel. Peabody v. ChanlerAppellate Division of the Supreme Court of the State of New York · 1909
- People v. BurnsNew York Supreme Court · 1894
- People ex rel Peabody v. BakerNew York Supreme Court · 1908
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3Cited by5 opinions
- Mehau v. ReedHawaii Supreme Court · 1994
- In re GabelmannNew York Supreme Court · 1930
- In re SissonAppellate Division of the Supreme Court of the State of New York · 1917
- Ex Parte GonshorSupreme Court of Oklahoma · 1926
- People ex rel. Flannery v. WorthingNew York Supreme Court · 1941