People ex rel. Burke v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Stella Burke, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of March, 1912, dismissing a writ of habeas corpus and remanding the relator to custody.
1Opinion of the Court
McLaughlin, J.:
The relator herein was arrested on Sunday, the 25th of February, 1912, was immediately taken before a city magistrate upon the charge of disorderly conduct tending to a breach of the peace, pleaded not guilty, was tried, convicted and sentenced. Thereafter, upon a petition alleging that her imprisonment was illegal because the trial, conviction and sentence were had on Sunday, she obtained a writ of habeas corpus. The writ was dismissed by the Special Term and the relator remanded, and from an order to that effect she appeals to this court.
The question presented is whether a…
2Cases cited3 opinions
- Steinert v. SobeyAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Price v. WardenAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Ryan v. Superintendent of the State Reformatory for WomenAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by7 opinions
- People v. WurzlerNew York Supreme Court · 1945
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1962
- State Ex Rel. Eastman v. BurkeWisconsin Supreme Court · 1965
- State v. PedieNorth Dakota Supreme Court · 1929
- People v. KaplanAppellate Division of the Supreme Court of the State of New York · 1926
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