In re the Writ of Corpus
New York Supreme Court
Habeas cokptts to secure discharge of the petitioner from imprisonment under a conviction for selling lottery tickets.
1Opinion of the CourtGaynor, J.
The petitioner was convicted by a Police Court, or Court of Special Sessions, of Brooklyn, for selling a ticket or chance in a lottery, which is made a misdemeanor by section 326 of the Penal Code. He now sues out the writ of habeas corpus, and asks for his discharge from the judgment of conviction on the ground that the court never had jurisdiction of his person, and, therefore, had no power to render judgment against him. If the claim of want of jurisdiction were true, the petitioner would have to be discharged. The written complaint against the defendant was by a police officer. It charges…
2Cases cited1 opinion
- Comfort v. FultonNew York Supreme Court · 1861
3Cited by22 opinions
- Worthington v. United StatesCourt of Appeals for the Sixth Circuit · 1948
- People v. ScottNew York Court of Appeals · 1957
- City of Buffalo v. NeubeckAppellate Division of the Supreme Court of the State of New York · 1924
- Hagner v. United StatesCourt of Appeals for the D.C. Circuit · 1931
- People v. Park, New York County Courts1915
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