People ex rel. Forbes v. Markell
New York Supreme Court
Appeal from order of Onondaga county judge. Bert Forbes was convicted on a charge of resisting a police officer while in the discharge of his duty, and applies for a writ of habeas corpus, directed to John 8. Markell, superintendent of the Onondaga county penitentiary, to procure his discharge from imprisonment. From an order dismissing the writ and remanding relator, he appeals.
1Opinion of the CourtMerwin, J.
In the petition of the relator for a writ of habeas corpus, it is alleged that he is held on a commitment issued by the police justice of the city of Syracuse, and that such commitment is illegal and void. There is no specification of any defect, except that it is dated March 15, 1885. A copy of the commitment is attached to the petition, and, on its face, it is quite apparent that the year of the date should be 1895, and that the defect was only .clerical. No point is made as to this on this appeal, or that there is any other defect upon the face of the paper. Nor is it claimed that the…
2Cases cited1 opinion
- People ex rel. Slatzkata v. BakerSuperior Court of Buffalo · 1888
3Cited by6 opinions
- People v. RosenthalColumbia County Court · 1939
- People ex rel. Goldstein v. Warden of PenitentiaryNew York Supreme Court · 1923
- People ex rel. Hunt v. Markell, New York County Courts1898
- People ex rel. O'Hara v. MarsdenNew York Supreme Court · 1950
- People v. Dunham, New York County Courts1933
1 more not listed; retrieve them via the Exa API.