Legal Opinion

People v. Adler

New York Supreme Court

Decided December 15, 1856PublishedCited by 2 opinions

Certiorari to the Monroe County Sessions. The writ of certiorari was in the following form : The People of the State of New-York, to the Court of Sessions, in and for the County of Monroe, Greeting: We, having been informed that Abram Adler, of said county, was lately in the said Court of Sessions tried and convicted of the crime of assault and battery, upon an indictment theretofore found against the said Abram Adler; and that, upon the said trial of the said indictment,…

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Certiorari to the Monroe County Sessions. The writ of certiorari was in the following form : The People of the State of New-York, to the Court of Sessions, in and for the County of Monroe, Greeting: We, having been informed that Abram Adler, of said county, was lately in the said Court of Sessions tried and convicted of the crime of assault and battery, upon an indictment theretofore found against the said Abram Adler; and that, upon the said trial of the said indictment, exceptions to certain decisions of said court were made by the said Abram Adler, and that a bill of the said exceptions…

1Opinion of the Court

By the Court, T. R. Strong, J.

A private person is permitted by law, without warrant, to arrest and take before a magistrate one who hás committed a felony. (1 Chitty Cr. L., 15, 16 ; 1 Hale P. C., 587, 588 ; Barb. Cr. L., 550 ; Holley v. Mix, 3 Wend., 350 ; 2 Hawk. P. C., 118-120); but for mere misdemeanors, after their commission, an arrest can only be' made upon a warrant from a magistrate. (2 Hawk. P. C., 121, 122; Philips v. Trull, 11 Johns., 486; Barb. Cr. L. 551.)

By the common law the crime of petit larceny is a felony. (1 Hale P. C., 530; 1 Hawk. P. C., 146.) It was supposed by the…

2Cases cited2 opinions

  1. Holley v. MixNew York Supreme Court · 1829
  2. Phillips v. TrullNew York Supreme Court · 1814

3Cited by2 opinions

  1. People v. HowardAlbany Court of Special Sessions · 1895
  2. People v. HowardNew York Court of Special Session · 1895

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