People v. Mallon
The Superior Court of New York City
This is an appeal by the prisoners on separate applications, through writ of habeas corpus to this court, asking to be discharged from imprisonment. I will consider both cases together. The prisoners were arrested on the night of the 23d of January, 1870, at midnight. On the 29th of same month, they were sent before the special sessions of this city; were tried and convicted of assault and battery, and were each sent to prison for six months.
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This is an appeal by the prisoners on separate applications, through writ of habeas corpus to this court, asking to be discharged from imprisonment. I will consider both cases together. The prisoners were arrested on the night of the 23d of January, 1870, at midnight. On the 29th of same month, they were sent before the special sessions of this city; were tried and convicted of assault and battery, and were each sent to prison for six months. The following is the testimony taken at trial. Chaeles Mineb, sworn: Q. What did those men do to you? A. Well, sir, I was on duty at the railroad depot,…
1Opinion of the CourtMcCunn, J.
In this case the prisoners were convicted by police Justices Dowling and Bixby, sitting as judges of the special sessions, of an assault and battery upon a policeman, and were sentenced to the penitentiary on the 29th day of January, to terms of six months each.
They are now brought before me on habeas corpus, and their discharge demanded upon two grounds.
First. That the prisoners, under section eighteen, article six of the state constitution, had a right to be tried by a jury; that they were illegally debarred of that right, although they demanded so to be tried, consequently their conviction…
2Cases cited2 opinions
- Kanouse v. MartinSupreme Court of the United States · 1854
- Murrill v. NeillSupreme Court of the United States · 1850
3Cited by6 opinions
- People v. AbettiNew York Court of General Session of the Peace · 1914
- People v. LuczakThe Superior Court of the City of New York and Buffalo · 1894
- People v. LuczakSuperior Court of Buffalo · 1894
- People ex rel. Ryan v. WebsterNew York Supreme Court · 1895
- People v. MolinetNew York Court of Sessions · 1895
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