In re Bray
New York Supreme Court
Certiorari to inquire into the cause of the imprisonment of James Bray. Pen. Code N. Y. § 217, defines assault in the first degree as an assault to kill or to commit a felony. Section 218 defines assault in the second degree as doing certain acts dangerous to life or health, or with intent to commit a crime, under circumstances not amounting to assault in the first degree.
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Certiorari to inquire into the cause of the imprisonment of James Bray. Pen. Code N. Y. § 217, defines assault in the first degree as an assault to kill or to commit a felony. Section 218 defines assault in the second degree as doing certain acts dangerous to life or health, or with intent to commit a crime, under circumstances not amounting to assault in the first degree. Section 219 provides that a “person who commits an assault or an assault and battery, not such as is specified in the foregoing sections of this chapter, is guilty of assault in the third degree. ”
1Opinion of the CourtLearned, P. J.
Bray was brought before the recorder of Binghamton,' holding a court of special sessions, and was charged with the offense of assault .and battery. He pleaded not guilty, demanded a jury, was tried, and convicted. The certificate of conviction adjudged that he be imprisoned in the .Albany county penitentiary for the term of three months, or pay a fine of $100, *367and be imprisoned until it be paid, not exceeding three months. The commitment is slightly different. It recites that it was adjudged that Bray should pay a fine of $100, and in default of payment should be imprisoned in the Albany…
2Cited by5 opinions
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- City of Rochester v. NewtonMonroe County Court · 1938
- People v. Mittleman, New York County Courts1934
- Fanale v. SheehyCourt of Appeals for the Second Circuit · 1967