People Ex Rel. Perkins v. . Moss
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Hay 25, 1906, which reversed an order of Special Term dismissing a writ of habeas corpus and directed the discharge of the relator from custody. Upon a warrant issued by a city magistrate of the city of New York, charging him with the crime of grand larceny in the first degree, the relator was arrested by, and taken into the custody of, a police officer.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Hay 25, 1906, which reversed an order of Special Term dismissing a writ of habeas corpus and directed the discharge of the relator from custody. Upon a warrant issued by a city magistrate of the city of New York, charging him with the crime of grand larceny in the first degree, the relator was arrested by, and taken into the custody of, a police officer. Thereafter, upon a petition to the Supreme Court, setting forth his arrest and averring that the warrant was unlawfully issued and…
1Dissent
Cullen, Ch. J. (dissenting).
I dissent from the decision about to be made. The relator having been arrested under a warrant charging him with the commission of grand larceny, sued out in the Supreme Court a writ of habeas corpus, in aid of which a certiorari was issued. On the return to the writs the relator was remanded to custody by the Special Term. This order was reversed by the Appellate Division and the relator discharged, and from that order an appeal is brought to this court.
That the warrant was sufficient on its face is unquestioned, and the ground on which the relator has been…
2Cases cited9 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- McCourt v. . PeopleNew York Court of Appeals · 1876
- Swart v. . RickardNew York Court of Appeals · 1896
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