People v. Drury
New York Supreme Court
The defendant was arrested on a warrant issued by a police justice, on a charge of an attempt to murder. While the examination on that charge was proceeding before the magistrate, and before it was completed, an indictment was preferred against him for the same offense, and he was arrested on a" bench warrant issued on that indictment.
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The defendant was arrested on a warrant issued by a police justice, on a charge of an attempt to murder. While the examination on that charge was proceeding before the magistrate, and before it was completed, an indictment was preferred against him for the same offense, and he was arrested on a" bench warrant issued on that indictment. He sued out a writ of habeas corpus, and on its return claimed a discharge from the arrest on the bench warrant, because the examination had not been finished, and because he was in custody on that complaint.
1Opinion of the Court
Edmonds, J.:
The question presented on the return of the writs of habeas corpus is whether the defendants, being arrested on a warrant by a committing magistrate on a criminal charge, can be deprived of the benefit of the examination provided by the statute, by being indicted before such examination can be completed.
*352The original object of requiring the magistrates to maleé and return in writing their examination in such cases, was to. prevent them from discharging, through favoritism, or otherwise improperly, a person brought before them charged with crime, and as they were obliged, and are…
2Cited by1 opinion
- Rinaldi v. County CourtNew York Supreme Court · 1965