Legal Opinion

People Ex Rel. Woronoff v. . Mallon

New York Court of Appeals

Decided February 12, 1918PublishedCited by 20 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1914, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relators to custody. The facts, so far as material, are stated in the opinion. The statute creating the presumption that the statements made by the purchaser are false is unreasonable. (People v. Cannon, 139 N. Y. 32; Matter of Morgan, 114 App.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1914, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relators to custody. The facts, so far as material, are stated in the opinion. The statute creating the presumption that the statements made by the purchaser are false is unreasonable. (People v. Cannon, 139 N. Y. 32; Matter of Morgan, 114 App. Div. 45; Matter of Harris, 26 Am. Bank. Rep. 302; Boyd v. United States, 116 U. S. 616; People v. Smith, 172 N. Y. 210; People v.…

1Opinion of the Court

Crane, J.:

■ The relators were held upon a warrant isstied out of the Magistrates’ Court in the city of Bew York charging them with the crime of grand larceny by false’pretenses under sections 442 and 947 of the Penal Law. Pending the hearing before the magistrate, a writ of habeas corpus was sued out to obtain the' prisoners’ discharge upon the ground that no crime was set forth in the information.

This proceeding raises the constitutionality of section 442 of the Penal Law and has been instituted for the purpose of having the courts pass upon the validity of this provision. If section 442 he…

2Cases cited23 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
  3. Mobile, Jackson & Kansas City Railroad v. TurnipseedSupreme Court of the United States · 1910
  4. Bailey v. AlabamaSupreme Court of the United States · 1911
  5. People v. . GalboNew York Court of Appeals · 1916

18 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. People v. MerrittMichigan Supreme Court · 1976
  2. People v. HildebrandtNew York Court of Appeals · 1955
  3. People v. TerraNew York Court of Appeals · 1951
  4. People v. FelderAppellate Division of the Supreme Court of the State of New York · 1972
  5. People v. RubinNew York Court of Appeals · 1940

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