People ex rel. Sherwin v. Mead
New York Supreme Court
Before Brady, Daniels and Barker, JJ. On the 4th day of February, 1882, the relator was in the custody of the respondent, Michael L. Mead, in the city of Hew York, by virtue of a bench warrant, issued by the district-attorney of the county of Albany, dated the 3d day of February, 1882, wherein he was commanded to take into custody the relator.
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Before Brady, Daniels and Barker, JJ. On the 4th day of February, 1882, the relator was in the custody of the respondent, Michael L. Mead, in the city of Hew York, by virtue of a bench warrant, issued by the district-attorney of the county of Albany, dated the 3d day of February, 1882, wherein he was commanded to take into custody the relator. The following is the' part stating the offense: “ Who stands indicted by the court of sessions of the county of Albany for contempt, and bring him before said court, at the City Hall, in the city of Albany, in said county, if the said court shall then…
1Opinion of the CourtBarker, J.
The court of oyer and terminer, in and for the county of Albany, had jurisdiction to try the relator upon this indictment without any order from the court of sessions, in which the indictment was found, sending the same to the oyer and terminer for trial (3 Revised Statutes, 205, secs. 29 and 30; 2 Ed. Stat., 214; The People agt. Myers, 2 Hun, 626; The People agt. Gay, 10 Wend., 509; The People agt. The General Sessions, 3 Barb., 141; The People agt. Quimbo Appo, 20 N. Y., 577). The court of oyer and terminer being in session while the proceedings were pending the justice of the supreme court…
2Cases cited5 opinions
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- People v. GayNew York Supreme Court · 1833