In re Kenny
New York Supreme Court
The petitioner has sued out- the writ of habeas corpus, claiming to be illegally detained by the sheriff of Kings county. The sheriff makes return that he has the petitioner under a warrant of commitment by Jacob Brenner, Esq., a magistrate of the city of New York in the borough of Brooklyn.
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The petitioner has sued out- the writ of habeas corpus, claiming to be illegally detained by the sheriff of Kings county. The sheriff makes return that he has the petitioner under a warrant of commitment by Jacob Brenner, Esq., a magistrate of the city of New York in the borough of Brooklyn. Such commitment after reciting that the petitioner was convicted before the said magistrate of public intoxication, commands in substance that she be imprisoned in the workhouse of the said city and there detained until discharged pursuant to sections 710 and 711 of the city charter, but that such…
1Opinion of the Court
Gaynor J.:
The petitioner asserts the constitutional invalidity of the statute under which she was convicted and is held. The statute -is very crude and involved. After some .difficulty it is found to provide (sec. .707) that upon conviction for “public intoxication, disorderly conduct or vagrancy, the court or magistrate before whom such conviction is had ” shall, commit the person convicted to the city workhouse or to a county jail, “ to be detained • until discharged pursuant to sections 710 and 711 of this act, and for a term not exceeding six months from the date of such commitment, and…
2Cases cited10 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
- Wood v. . People of the State of N.Y.New York Court of Appeals · 1873
- Remsen v. . WheelerNew York Court of Appeals · 1887
- Johnson v. . People of the State of N.Y.New York Court of Appeals · 1874
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3Cited by11 opinions
- In re Certification of CoatesNew York Court of Appeals · 1961
- People v. AbdallahAppellate Court of Illinois · 1967
- People ex rel. Abrams v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
- People v. McCormackNew York Court of General Session of the Peace · 1910
- People ex rel. Barone v. FoxNew York Supreme Court · 1910
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