Legal Opinion

People Ex Rel. Howey v. Warden of the City Prison

New York Court of Appeals

Decided February 25, 1913PublishedCited by 12 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 10, 1912, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtHiscock, J.

The relator sued out a writ of habeas corpus, which thus far has been sustained, to procure his release from imprisonment under a warrant of commitment issued by a city magistrate of the borough of Brooklyn. On the return of this writ it appeared that the relator had been arrested under a warrant of arrest issued by said magistrate on the complaint or information of one Cecelia Young, corroborated by the affidavit of one Ruth Wollman, charged with the crime of abduction under subdivision 2, section 70 of the Penal Law (Cons. Laws, chap. 40) and which provides that a person is thus guilty of…

2Cases cited1 opinion

  1. People Ex Rel. Allen v. . HaganNew York Court of Appeals · 1902

3Cited by12 opinions

  1. People v. FlorioNew York Court of Appeals · 1950
  2. People v. DraperAppellate Division of the Supreme Court of the State of New York · 1915
  3. Cherry v. KochNew York Supreme Court · 1985
  4. People v. Odierno, New York County Courts1938
  5. State v. DavisSupreme Court of Louisiana · 1925

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