People Ex Rel. Kemmler v. . Durston
New York Court of Appeals
Appeal by the relator, William Kemmler, from an order of the General Term of the Supreme Court, in the 5th Department, affirming an order made by the county judge-of Cayuga County, dismissing a writ of habeas corpus sued out by the relator, and remanding him to the custody of the: defendant. The opinions of the county judge and of the General Term are respectively reported, ante, 350 and 364. The, facts sufficiently appear in these reports.
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Appeal by the relator, William Kemmler, from an order of the General Term of the Supreme Court, in the 5th Department, affirming an order made by the county judge-of Cayuga County, dismissing a writ of habeas corpus sued out by the relator, and remanding him to the custody of the: defendant. The opinions of the county judge and of the General Term are respectively reported, ante, 350 and 364. The, facts sufficiently appear in these reports. That this is an unusual penalty is conceded on all sides,, but what current of electricity will cause death is unknown. Ho expert, however learned or…
1Opinion of the CourtO’Brien, J.
The relator, being in the custody of the respondent, the agent and warden of the State Prison at Auburn, applied for a writ of habeas corpus to inquire into the cause of detention, which was made returnable by the officer granting it, before the County Judge of Cayuga County. The relator in his petition for the writ stated that the cause or the pretense of the imprisonment complained of was that, after his indictment and trial for the crime of murder in the first degree, and his conviction thereof in the Court of Oyer and Terminer, he was sentenced by that court to undergo a cruel and unusual…
2Cases cited5 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Metropolitan Board of Excise v. . BarrieNew York Court of Appeals · 1866
- People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870
- People, Ex Rel. Frey v. . the Warden, Etc.New York Court of Appeals · 1885
3Cited by64 opinions
- People v. BroadieNew York Court of Appeals · 1975
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Malloy v. South CarolinaSupreme Court of the United States · 1915
- State v. HoustonUtah Supreme Court · 2015
- Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917
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