People ex rel. Sherwin v. Mead
New York Supreme Court
Appeal from an order made by a justice of tbe Supreme Court, refusing to discharge the relator from arrest on the return to a writ of habeas corpus. On the 4th day of February, 1882, the relator was in the custody of the respondent, Michael L. Mead, in the city of New York, by virtue of a bench warrant, issued by the district attorney of the county of Albany, dated the 3d day of February, 1882, wherein he was commanded to take into his custody the relator.
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Appeal from an order made by a justice of tbe Supreme Court, refusing to discharge the relator from arrest on the return to a writ of habeas corpus. On the 4th day of February, 1882, the relator was in the custody of the respondent, Michael L. Mead, in the city of New York, by virtue of a bench warrant, issued by the district attorney of the county of Albany, dated the 3d day of February, 1882, wherein he was commanded to take into his custody the relator. The following is the part stating the offense: “ "Who stands indicted by the Court of Sessions of the county of Albany, for contempt, and…
1Opinion of the Court
Barker, J.:
The Court of Oyer and Terminer in and for the county of Albany had jurisdiction to try the relator upon this indictment, without any order from the Court of Sessions, in which the indictment was *230found, sending the same to the Oyer and Terminer for trial. (2 R. S., 205, §§ 29, 30; 2 Edm. Stat., 214; The People v. Myers, 2 Hun, 6; The People v. Gay, 10 Wend., 509; The People ex rel. Hasbrouck v. The General Sessions, 3 Barb., 144; The People v. Quimbo Appo, 20 N. Y., 531.)
The Court of Oyer and Terminer being in session while the proceedings were pending, a justice of the Supreme…
2Cases cited6 opinions
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- People v. RathbunNew York Supreme Court · 1839
- People v. AdamsNew York Supreme Court · 1846
- The People v. . ClewsNew York Court of Appeals · 1879
- People v. GayNew York Supreme Court · 1833
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