People Ex Rel. Clarke v. . Roosevelt
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1896, which confirmed, on certiorari, the proceedings of the defendants in dismissing the relator from the police force of the city of New York and dismissed the writ. The facts, so far as material, are stated in the opinion. There was no evidence warranting relator’s conviction on the charges made against him.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1896, which confirmed, on certiorari, the proceedings of the defendants in dismissing the relator from the police force of the city of New York and dismissed the writ. The facts, so far as material, are stated in the opinion. There was no evidence warranting relator’s conviction on the charges made against him. (People ex rel. v. Martin, 142 N. Y. 352; People ex rel. v. French, 119 N. Y. 493; People ex rel. v. Bd. of Police Comrs., 155 N. Y. 40; People ex rel. v. Roosevelt, 22…
1DissentBabtlett, J.
The relator was tried on two distinct charges, similar, except as to date, one referring to May 31st, 1895, and the other to June 1st, 1895. The charge was that on both of these days relator was so much under the influence of intoxicating liquor as to unfit him for police duty during his tour of patrol. After a hearing before the commissioners, on each charge, they were respectively adjudged to be true, on the 9th day of August, 1895, and the relator was dismissed from the police force. The evidence was conflicting, and it cannot be said that the findings of the commissioners were not…
2Cases cited2 opinions
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
- People ex rel. Strauss v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896