People ex rel. Bidwell v. Pitts
Appellate Division of the Supreme Court of the State of New York
Appeal from an order made by the recorder of the city of Albany and entered in the office of the clerk of the county of Albany on the 31st day of January, 1905, discharging the relator from the custody of Sebastian W. Pitts, sheriff of Albany county, on the ground of the alleged insufficiency of the certificate of conviction by which he is held.
1Opinion of the Court
Kellogg, J.:
The relator seeks his liberty without' serving his sentence, on the. sole ground that the certificate of conviction by which he is held by the sheriff is improper and defective in not stating the time when, the place whéro and the person: from whom the larceny Was committed.. By section 485 of the Code of Criminal Procedure the judgment of conviction is required to state. “ briefly the offense for which the conviction - has been had,” and it was' held the- words “ assault in the third degree ” were a sufficient compliance with that requirement, as it named the- offense used by…
2Cases cited4 opinions
- People v. . JohnsonNew York Court of Appeals · 1888
- People Ex Rel. Allen v. . HaganNew York Court of Appeals · 1902
- People ex rel. Sullivan v. SloanAppellate Division of the Supreme Court of the State of New York · 1899
- In re BartholomewAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- People ex rel. Dinsmore v. Keeper of the Erie County PenitentiaryAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Cooper v. Sheriff of WashingtonAppellate Division of the Supreme Court of the State of New York · 1924
- People ex rel. Cook v. PittsAppellate Division of the Supreme Court of the State of New York · 1906
- Ex Parte HaynesCourt of Criminal Appeals of Texas · 1924
- People ex rel. Bidwell v. PittsAppellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.