Huber v. . the People
New York Court of Appeals
Error to. the General Term of the Supreme Court in the first judicial department, affirming a judgment of the Court of Special Sessions in the city of Hew York, convicting the plaintiff in error of the crime of petit larceny. Plaintiff in error was tried in said court on the 19th of December, 1871, by one of the justices designated by the mayor of said city to hold said court, the other justice, the record stating, “ being absent through disability.”
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Error to. the General Term of the Supreme Court in the first judicial department, affirming a judgment of the Court of Special Sessions in the city of Hew York, convicting the plaintiff in error of the crime of petit larceny. Plaintiff in error was tried in said court on the 19th of December, 1871, by one of the justices designated by the mayor of said city to hold said court, the other justice, the record stating, “ being absent through disability.” He was convicted and sentenced to six months’ imprisonment. Section 49 of chapter 383, Laws of 1870 is void under the provisions of section 16,…
1Opinion of the CourtAllen, J.
The conviction of the plaintiff in error of the offence of petit larceny in the Court of Special Sessions in the city of Hew York, held by a single police justice, is sought to be sustained by a provision in the act of 1870 known as the “ city tax levy.” (Laws of 1870, chap. 383.) It is conceded that if for any reason that clause of the act was invalid, the court was not properly constituted, and the conviction must be reversed. Prior to 1865 the Court of Special Sessions in Hew York was held by any three of the police justices of that city, and could not be held by any less number. (Laws of…
2Cases cited3 opinions
- People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
- The People v. . AllenNew York Court of Appeals · 1870
- Gaskin v. . MeekNew York Court of Appeals · 1870
3Cited by21 opinions
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- State v. MorganSouth Dakota Supreme Court · 1891
- Chickasha Cotton Oil Co. v. Lamb & TynerSupreme Court of Oklahoma · 1911
- Harris v. . People of the State of N.Y.New York Court of Appeals · 1875
- Youngs v. HallNevada Supreme Court · 1874
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