People v. Lohman
New York Supreme Court
On habeas corpus to admit the prisoner to bail. The prisoner was convicted at the New-York general sessions of the peace in November, 1847, of a misdemeanor in procuring an abortion upon the person of one Maria Bodine, and was sentenced to be imprisoned in the penitentiary for the term of one year. A bill of exceptions was taken on her trial, and the record was removed by writ of error to the supreme court.
Read the full summary
On habeas corpus to admit the prisoner to bail. The prisoner was convicted at the New-York general sessions of the peace in November, 1847, of a misdemeanor in procuring an abortion upon the person of one Maria Bodine, and was sentenced to be imprisoned in the penitentiary for the term of one year. A bill of exceptions was taken on her trial, and the record was removed by writ of error to the supreme court. The case was argued at the general term of that court held in the city of New-York, in January, 1848, and during that month the court rendered judgment affirming that of the court below.…
1Opinion of the CourtHurlbut, J.
It was objected by the district attorney that the 19th section of the statute referred to, is not applicable to the present case, it applying only to writs of error returnable in the supreme court. My first impression was that this objection was well founded. But upon an examination of the various provisions of this statute, I have arrived at a different conclusion. x It is true that the 24th section of this statute only contemplates the judgment of the supreme court upon the writ of error ; and there is no allusion to the court of last resort. But the construction contended for would in…
2Cited by7 opinions
- People Ex Rel. Lobell v. McDonnellNew York Court of Appeals · 1947
- United States v. HudsonDistrict Court, W.D. Arkansas · 1894
- People v. EmersonNew York Supreme Court · 1888
- People v. FolmsbeeNew York Supreme Court · 1871
- People ex rel. Cowley v. BoweNew York Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.