People ex rel. Phillips v. Hanley
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Henry Wallace Phillips, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of August, 1914, dismissing a writ of habeas corpus and remanding the relator to custody.
1Opinion of the Court
Scott, J.:
The relator, charged with a crime of the grade •of a misdemeanor, was held by a city magistrate, after an extended examination, for trial at the Special Sessions. Thereupon the district attorney filed an information in said Court of Special Sessions charging the relator with the crime for which he had been held. Before pleading to the information or making any motion in respect thereto the relator sued out a writ of habeas corpus claiming that the evidence before the magistrate was insufficient to justify his commitment.
There are two sufficient reasons why the writ was properly…
2Cases cited2 opinions
- People ex rel. Hertz v. Warden of the City PrisonAppellate Division of the Supreme Court of the State of New York · 1912
- People Hertz v. the Warden of the City Prison, N.Y.New York Court of Appeals · 1913
3Cited by7 opinions
- People v. ZambounisNew York Court of Appeals · 1929
- People v. RockwellCriminal Court of the City of New York · 1963
- People ex rel. Reed v. HendricksonNew York Supreme Court · 1935
- People ex rel. Skarwinkiewicz v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Skawinkiewicz v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1915
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