People v. Restell
New York Supreme Court
An application to let the prisoner to bail. Edmonds, Justice.—In a criminal case, where the offence is not capital, a writ of error is a writ of right, which no judge of this court can refuse to allow. To stay proceedings, however, on the conviction is a matter which, under the statute, is submitted to the discretion of the judge allowing the writ.
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An application to let the prisoner to bail. Edmonds, Justice.—In a criminal case, where the offence is not capital, a writ of error is a writ of right, which no judge of this court can refuse to allow. To stay proceedings, however, on the conviction is a matter which, under the statute, is submitted to the discretion of the judge allowing the writ. I have often been called upon to exercise this power, and I have never hesitated to exercise it, where there was any reasonable doubt that the conviction could he sustained.
1Opinion of the Court
This also has been the uniform practice of the judges of the Supreme Court under the old constitution, and I know of no reason, unless it might he a willingness to yield to popular clamor, which could take this case out of the reach of a rule so universal and so long continued in its application. And there is good reason for the exercise of this *252power. It is impossible that even the best regulated court should always be certain that its judgments are right. The imperfection of human testimony, the haste and excitement of a trial, and the want of familiarity with the questions of law which…
2Cited by2 opinions
- People ex rel. Cowley v. BoweNew York Supreme Court · 1880
- People v. LevyNew York Supreme Court · 1915