People ex rel. Bender v. Joyce
Appellate Division of the Supreme Court of the State of New York
Appeal by the People of the State of New York and by the defendants, Joseph Joyce and others, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Albany on the 6th day of January, 1916, sustaining a writ of habeas corpus and discharging the relator from custody:
1Opinion of the Court
Lyon, J.:
The relator was arrested charged with having violated section 2145- of the Penal Law in having willfully and knowingly maintained and conducted a moving picture show as a public show, to which the public were invited and which the public attended at a theatre located in the city of Albany on Sunday, July 25, 1915. Upon being arraigned on such charge the relator was committed pending trial to the custody of the sheriff of the county of Albany. Thereupon a writ of habeas corpus was applied for and obtained for the purpose of inquiring into the cause of his imprisonment, and if unlawful…
2Cases cited10 opinions
- People v. . MosesNew York Court of Appeals · 1893
- People ex rel. Kieley v. LentAppellate Division of the Supreme Court of the State of New York · 1915
- People Ex Rel. Kieley v. . LentNew York Court of Appeals · 1915
- People v. HemlebAppellate Division of the Supreme Court of the State of New York · 1908
- Hamlin v. BenderNew York Supreme Court · 1915
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3Cited by10 opinions
- People v. KuppratNew York Court of Appeals · 1959
- State v. SmithCourt of Criminal Appeals of Oklahoma · 1921
- Wertheimer v. SchwabNew York Supreme Court · 1925
- People v. WeltNew York District Court · 1959
- Twiggar v. RosenbergNew York Supreme Court · 1916
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