Legal Opinion

People Ex Rel. Garling v. . Van Allen

New York Court of Appeals

Decided November 11, 1873PublishedCited by 16 opinions

1Opinion of the Court

The question presented in this case is whether a person prosecuted for an offence before a court-martial organized under the laws of this State, can demand, as a constitutional right, that he be allowed to defend with counsel, or whether this privilege is a matter of favor and discretion. Section 6 of article 1 of the Constitution declares that "no person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this State may keep with the consent of…

2Cases cited2 opinions

  1. People Ex Rel. Underwood v. . DaniellNew York Court of Appeals · 1872
  2. Rathbun v. SawyerNew York Supreme Court · 1836

3Cited by16 opinions

  1. People Ex Rel. Smith v. . HoffmanNew York Court of Appeals · 1901
  2. Jacobs v. SteinbrinkAppellate Division of the Supreme Court of the State of New York · 1934
  3. In re NicholsNew York Supreme Court · 1879
  4. People ex rel. Burgess v. RisleyNew York Supreme Court · 1883
  5. State ex rel. Case v. MeadWashington Supreme Court · 1909

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