Legal Opinion
People v. Barry
Appellate Division of the Supreme Court of the State of New York
Decided April 10, 1897Published
Appeal from Ontario county court. William Barry was convicted of assault and battery in the third degree, and appeals. Reversed.
1Opinion of the CourtHardin, P. J.
Assault in the third degree is one of the crimes enumerated in section 56 of the Code of Criminal Procedure, which section declares that, subject to the power of removal, courts of special sessions have, in the first instance, exclusive jurisdiction to hear and determine charges of misdemeanors.
Section 58 of the Code of Criminal Procedure provides, viz.:
“When a person is brought before a magistrate charged with the commission of any of the crimes mentioned in section 66, and asks that his case be presented to the grand jury, the proceedings shall be adjourned for not less than five nor more…
2Cases cited4 opinions
- People v. CowieNew York Supreme Court · 1895
- People v. FreilewehAppellate Division of the Supreme Court of the State of New York · 1896
- People v. AustinNew York Supreme Court · 1888
- People v. FreilewehAppellate Division of the Supreme Court of the State of New York · 1896