People Ex Rel. Schali v. . Deyo
New York Court of Appeals
Appeal from an order of the Appellate Division of the-Supreme Court in the Third Judicial Department, entered March 23, 1905, which reversed an order quashing and dismissing a writ of habeas corpus. The order below was made by Cochrane, J., and was entered in the office of the clerk of Albany county upon Dec. 28, 1904.
1Opinion of the Court
The opinion of the Appellate Division was as follows:
Houghton, J.:
In the County Court of Albany county on the 6th day of May, 1903, Frank Schali was convicted of the crime of assault in the second degree committed in the January previous.
The crime is punishable, exclusive of fine, by imprisonment in a penitentiary or State prison for a term not exceeding five years. (Penal Code, § 221.) It was his first conviction, and it was the duty of the court to sentence him according to the provisions of section 687a of the Penal Code. That section provides that upon conviction of any person never…
2Cases cited3 opinions
- People v. . O'NeilNew York Court of Appeals · 1888
- People ex rel. Adams v. JohnsonNew York Supreme Court · 1904
- People ex rel. Willis v. SageAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by12 opinions
- People ex rel. Mummiani v. LawesAppellate Division of the Supreme Court of the State of New York · 1940
- McCoy v. ReidIndiana Supreme Court · 1909
- People v. AbramsSuffolk County District Court · 1975
- People v. TottermanNew York Court of Appeals · 1905
- People ex rel. Ammon v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1906
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