Wenzler v. . People of the State of N.Y.
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department, to review judgment affirming an alleged judgment of the Court of Special Sessions of the Peace in and for the city and county of New York, convicting the plaintiff in error of the crime of petit larceny.
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Error to the General Term of the Supreme Court in the first judicial department, to review judgment affirming an alleged judgment of the Court of Special Sessions of the Peace in and for the city and county of New York, convicting the plaintiff in error of the crime of petit larceny. The court which convicted said plaintiff in error was held by three persons, who were appointed and claimed to act as police justices under the act chapter 538, Laws of 1873, and as such held said court. The act under which the police justices, who composed the court in which the plaintiff in error was convicted,…
1Opinion of the CourtJohnson, J.
The judgment of the Supreme Court in this cause cannot be affirmed, save upon the basis of the constitutionality of the act of the legislature, entitled, “An act to secure better administration in the police courts of the city of New York,” and being chapter 538, of the Laws of 1873. The act is assailed upon two grounds, of which, one relates to. the extent of the legislative authority, and the other, to the form of its attempted exercise. To maintain the first of these grounds, it is insisted, by the plaintiff in error, that the constitutional provision adopted in 1870 (art. 6, § 18), in…
2Cases cited3 opinions
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
- Clark v. PeopleNew York Supreme Court · 1841
3Cited by15 opinions
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- State Ex Rel. Minot v. GronnaNorth Dakota Supreme Court · 1953
- Koch v. Mayor of New YorkNew York Court of Appeals · 1897
- McDermont v. DinnieNorth Dakota Supreme Court · 1896
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