People Ex Rel. Cosgriff v. . Craig
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court, in1 the Fourth Judicial Department, entered January 22, 1909, which affirmed an order of Special Term sustaining a writ of habeas corpus and directing the discharge of the relator from custody. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Cullen, Ch. J.:
The relator was arrested on a. warrant charging him with having committed petit larceny as a second offense, and brought before the police justice of Rochester. The justice held him on the charge and committed him to jail to await the action of the grand jury. Thereupon the relator sued out a writ of habeas corpus, on the return to which he was discharged. The statutory provisions affecting the question before us are the following: By section 468 of the charter of the city of Rochester (Laws of 1907, ch. 755) the Police Court in granted exclusive jurisdiction to try any charge…
2Cases cited7 opinions
- McDonald v. MassachusettsSupreme Court of the United States · 1901
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- People v. . SicklesNew York Court of Appeals · 1898
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- People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
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