Legal Opinion

People v. Miller

New York County Courts

Decided December 15, 1902PublishedCited by 2 opinions

Appeal from Recorder’s Court of Corning. John Miller was convicted in the Recorder’s Court of the city ■of Corning of the crime of resisting an officer while in the discharge of his duty, and appeals. Affirmed.

1Opinion of the Court

Clark, J.:

The deposition was sufficient to confer jurisdiction on the court to issue the warrant.

The learned counsel for the appellant takes the position that, ■although the outer door to the Miller Hotel was open and the ■officer got into the room without trouble, he had no right to go into a lower room, which it is claimed was fastened with a hook, -and which defendant forcibly prevented him from entering, thus, as it is claimed, committing the crime for which he was convicted. If the appellant’s theory is to govern, it would give a *63very narrow and restricted construction to the law as laid…

2Cases cited5 opinions

  1. Shields v. StateIndiana Supreme Court · 1884
  2. People v. HigginsMichigan Supreme Court · 1885
  3. Stockwell v. StateIndiana Supreme Court · 1882
  4. Downman v. StateSupreme Court of Alabama · 1848
  5. Daly v. StateSupreme Court of Alabama · 1859

3Cited by2 opinions

  1. Orke v. McManusSupreme Court of Iowa · 1909
  2. Opn. No., New York Attorney General Reports1978

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