People ex rel. Sullivan v. Sloan
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Harry Sullivan, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 12tli day of January, 1899, dismissing the writ of habeas corpus issued to inquire into the detention of the relator and remanding him to the custody of the defendant. The facts are not disputed.
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Appeal by the relator, Harry Sullivan, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 12tli day of January, 1899, dismissing the writ of habeas corpus issued to inquire into the detention of the relator and remanding him to the custody of the defendant. The facts are not disputed. On the 12th day of October, 1898, the relator, Harry Sullivan, was brought before Joseph V. Seaver, acting police justice of the city of Buffalo, charged with petit larceny in stealing one mink boa valued at eighteen dollars and…
1Opinion of the Court
McLennan, J.:
The certificate of conviction in this case is in the precise form prescribed by section 721 of the Code of Criminal Procedure, provided the offense for which the relator was convicted is briefly designated in the certificate, as required by the section. In the certificate the offense is designated as follows : “ Charged with petit larceny in stealing one mink boa valued at $18.75, the property of J. N. Adam & Co.”
We think that such designation was a compliance with the requirements of the section. There can be no question but that the offense is described with such certainty that…
2Cases cited2 opinions
- People v. . JohnsonNew York Court of Appeals · 1888
- People Ex Rel. Loughlin v. FinnNew York Court of Appeals · 1882
3Cited by4 opinions
- People v. Earing, New York County Courts1911
- People ex rel. Bidwell v. PittsAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Cooney v. WoodNew York County Court, Cayuga County · 1900
- People ex rel. Todd v. MarsdenNew York Supreme Court · 1948