People Ex Rel. Burke v. . Fox
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1912, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to custody. The facts, so far as material, are stated in the opinion. As February 25, 1912, was a Sunday, the City Magistrates’ Court, on relator’s plea of not guilty, was without power to try, convict and commit her on that day. (People ex rel.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1912, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to custody. The facts, so far as material, are stated in the opinion. As February 25, 1912, was a Sunday, the City Magistrates’ Court, on relator’s plea of not guilty, was without power to try, convict and commit her on that day. (People ex rel. Donohue v. Walton, 35 Misc. Rep. 320; Kraft v. De Verneuil, 105 App. Div. 43.) In Hew York city the power of the magistrates to…
1Opinion of the CourtWerner, J.
The relator was imprisoned under a commitment which recited that she had been found guilty of disorderly conduct which, in the opinion of the magistrate, tended to a breach of the peace. She was arrested in Hew York city on Sunday, February 25th, 1912, taken directly before a city magistrate, where she pleaded not guilty and was summarily convicted and sentenced. ■ By her petition for a writ of habeas corpus she challenges the legality of her conviction on the ground that the magistrate had no power to hear, try and determine her case on Sunday. At Special Term the writ was dismissed and the…
2Cases cited2 opinions
- People ex rel. Price v. WardenAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Ryan v. Superintendent of the State Reformatory for WomenAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by28 opinions
- People v. PhillipsNew York Court of Appeals · 1940
- People v. PolichettiCriminal Court of the City of New York · 1977
- People Ex Rel. Stolofsky v. Superintendent of State InstitutionNew York Court of Appeals · 1932
- People ex rel. Cohen v. CollinsAppellate Division of the Supreme Court of the State of New York · 1933
- People ex rel. Margus v. RamseyNew York Supreme Court · 1926
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