Legal Opinion

People ex rel. Sullivan v. Sloane

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 1899PublishedCited by 1 opinion

Habeas corpus. Appeal from special term, Erie county. Harry Sullivan was convicted of larceny, and sentenced to imprisonment, and from an order dismissing his application for habeas corpus, and remanding him to the custody of Alexander' H. Sloane, the keeper of Erie County Penitentiary, he appeala Affirmed. The facts are not disputed. On the 12th day of October,. 1898, the relator,. Harry Sullivan, was brought before Joseph.

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Habeas corpus. Appeal from special term, Erie county. Harry Sullivan was convicted of larceny, and sentenced to imprisonment, and from an order dismissing his application for habeas corpus, and remanding him to the custody of Alexander' H. Sloane, the keeper of Erie County Penitentiary, he appeala Affirmed. The facts are not disputed. On the 12th day of October,. 1898, the relator,. Harry Sullivan, was brought before Joseph. V. Seaver, acting police justice of the city of Buffalo, charged with petit larceny in stealing one mink' boa, valued at $18.75, the property of J. N. Adam & Co. On being…

1Opinion of the CourtMcLENNAN, J.

The certificate of conviction in this case is in the precise form prescribed by section 721 of the Code of Criminal Procedure, provided the offense for which the relator was convicted is “ briefly designated in the certificate, ” as required by the section. In the certificate the offense is designated as follows :

“ Charged with petit larceny in stealing one mink boa, valued at $18.75, the property of J. N. Adam & Co.”

We think that such designation was a compliance with the requirements of the section. There can be no question but that the offense is described with such certainty that no other…

2Cases cited2 opinions

  1. People v. . JohnsonNew York Court of Appeals · 1888
  2. Adsit v. . ButlerNew York Court of Appeals · 1882

3Cited by1 opinion

  1. People ex rel. Cooney v. WoodNew York County Court, Cayuga County · 1900

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