People v. Crandon
New York Supreme Court
Appeal from an order made, at Special Term, reversing the conviction of the defendant as a disorderly person by a justice of the peace. Proceedings were commenced before a justice of the peace for the town of Salina, Onondaga county, to convict the defendant of being a disorderly person. The conviction was had upon the evidence, principally, of the defendant’s wife.
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Appeal from an order made, at Special Term, reversing the conviction of the defendant as a disorderly person by a justice of the peace. Proceedings were commenced before a justice of the peace for the town of Salina, Onondaga county, to convict the defendant of being a disorderly person. The conviction was had upon the evidence, principally, of the defendant’s wife. The defendant obtained a certiorari to review the jiroceedings which were brought before the Onondaga Special Term, where the proceedings were reversed.
1Opinion of the Court
Hardin, J.:
The proceeding instituted in the name of the People against the defendant, to have him declared a disorderly person, was in the nature of a “ criminal” proceeding, as contradistinguished from a civil action or a “ civil special proceeding.”
Section 4 of the Old Code divides all actions into “civil” and “ criminal ” actions. Section five declares that “ a criminal action is prosecuted by the People of the State, as a party, against a person charged with a public offence for the punishment thereof.
Prior to 1861 the statute did not declare persons who shall abandon or neglect to…
2Cases cited9 opinions
- Southwick v. . SouthwickNew York Court of Appeals · 1872
- Minier v. MinierNew York Supreme Court · 1870
- Wilke v. . People of the State of N.Y.New York Court of Appeals · 1873
- Matteson v. New York Central RailroadNew York Supreme Court · 1862
- People v. ReagleNew York Supreme Court · 1871
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