Hill v. . the People
New York Court of Appeals
WftiT of Error to the Supreme Court. The plaintiff in erroi was arrested by a constable of the town of Cherry Valley, for being intoxicated in a public place, and taken before a justice of the peace of that town. He did not elect to be tried for the offence before the justice, but tendered the proper bond, under section 16, chapter 628, of 1857, with sureties as required by that section.
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WftiT of Error to the Supreme Court. The plaintiff in erroi was arrested by a constable of the town of Cherry Valley, for being intoxicated in a public place, and taken before a justice of the peace of that town. He did not elect to be tried for the offence before the justice, but tendered the proper bond, under section 16, chapter 628, of 1857, with sureties as required by that section. The justice decided that he could not give bail to appear at the Oyer and Terminer, and thereupon a trial was immediately had before the justice, holding a court of Special Sessions. The accused was…
1Opinion of the CourtS. B. Strong, J.
The principal and only important question in this case, is whether the plaintiff in error, having offered to give such bond as is required by the statute to suppress intemperance, could be coerced into a summary trial for the offence imputed to him, before the magistrate.
The 16th section of that statute provides that it shall be the duty of certain officers, of whom a constable is one, to arrest all persons found actually engaged in the commission of any offence in violation of such act, and forthwith carry the offender before any magistrate of the same city or town, to be dealt with…
2Cases cited3 opinions
- Behan v. . the PeopleNew York Court of Appeals · 1858
- People v. J. & S. BrownNew York Supreme Court · 1837
- People ex rel. Newell v. Montgomery Common PleasNew York Supreme Court · 1837
3Cited by15 opinions
- Colon v. . LiskNew York Court of Appeals · 1897
- People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
- The People v. . HislopNew York Court of Appeals · 1879
- People v. ResonAppellate Division of the Supreme Court of the State of New York · 1936
- People v. . CharbineauNew York Court of Appeals · 1889
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