People ex rel. Dauchy v. Pitts
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Fred Dauchy, from an order made by the recorder of the city of Albany and entered in the officé of the clerk of the county of Albany on the 8tlx day of January, 1907, dismissing a writ of habeas corpus and remanding the relator to the custody of the respondent.
1Opinion of the Court
Sewell, J.:
The relator sued out a writ of habeas corpus, claiming to be illegally deprived of his liberty by the custodian of the Albany County Penitentiary.
It appears that he was held under a judgment of the Otsego *458.County Court, which recites that the defendant was duly indicted for the crime of assault in the second degree; that he was duly arraigned and plead not guilty; that he was duly tried by the court and a jury, and convicted upon such trial of the crime of assault in. the third degree;, that the district attorney moved for judgment; that the defendant waived his right to delay,,…
2Cases cited1 opinion
- People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
3Cited by5 opinions
- People v. Newman, New York County Courts1930
- People ex rel. Bedell v. FosterAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Harris v. LindsayAppellate Division of the Supreme Court of the State of New York · 1964
- People ex rel. Bradley v. BeschAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Bradley v. BeschAppellate Division of the Supreme Court of the State of New York · 1909