People ex rel. Wilson v. Flynn
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, John Wilson, 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 4th day of February, 1902, upon the return of a writ of habeas corpus, after a hearing had thereon, adjudging that the magistrate of the Magistrate’s Court of the city of New York had jurisdiction of the person of the relator and that the relator was lawfully committed and properly in the custody of…
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Appeal by the relator, John Wilson, 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 4th day of February, 1902, upon the return of a writ of habeas corpus, after a hearing had thereon, adjudging that the magistrate of the Magistrate’s Court of the city of New York had jurisdiction of the person of the relator and that the relator was lawfully committed and properly in the custody of the warden of the city prison of the city of New York, by virtue of a commitment issued by said magistrate.
1Opinion of the Court
Hatch, J.:
It appears by the petition of the relator and the proceedings had upon the hearing on the return to the writ, that the relator was held *68in custody by virtue of a commitment charging him with violating section 344a of the Penal Code.. The offense which is' defined by such section is that of being a common gambler. No question is raised upon this appeal respecting the sufficiency of the complaint made before the magistrate, or of the proceedings which were had before him Or of the sufficiency of the commitment issued by the magistrate, and no such question was raised before the court…
2Cases cited2 opinions
- People v. . CannonNew York Court of Appeals · 1893
- B'd of Com'rs of Excise, Etc. v. . MerchantNew York Court of Appeals · 1886
3Cited by5 opinions
- United States Ex Rel. Murphy v. Warden of Clinton PrisonDistrict Court, N.D. New York · 1939
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1903
- People v. Di Carlo, New York County Courts1970
- Ferguson v. United StatesDistrict of Columbia Court of Appeals · 1956
- People v. LicavoliMichigan Supreme Court · 1933