People ex rel. Cook v. Smith
New York Supreme Court
Appeal from Orleans county court. Application, on the relation of Orson T. Cook against Samuel Smith, for a writ of habeas corpus. The writ was dismissed, and relator appeals.
1Opinion of the CourtDwight, J.
The relator was tried by a jury, in a court of special sessions, on a charge of cruelty to animals. The trial was concluded, by a verdict of guilty, on the 23d day of May, 1889; and on the same day the court rendered a judgment on conviction which was void because in the alternative of fine or imprisonment. The court also, on the same day, made and signed a certificate of conviction embodying the judgment rendered as above, and which was liable to the further objection that it did not designate the offense of which the accused had been convicted, except as a misdemeanor, and delivered it to a…
2Cases cited2 opinions
- Lattimore v. PeopleNew York Supreme Court · 1854
- People v. StarksNew York Supreme Court · 1888
3Cited by8 opinions
- People ex rel. Johnson v. WebsterNew York Supreme Court · 1895
- People v. RosenthalColumbia County Court · 1939
- People v. JewettNew York Supreme Court · 1893
- People v. Jacobs, New York County Courts1956
- People ex rel. O'Hara v. MarsdenNew York Supreme Court · 1950
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