Ex parte Tayloe
New York Supreme Court
Charles Tayloe was committed to the common jail of the county of Columbia, during the present term, for having slain one Crandall; but the warrant of commit ment did not recite enough to show a proper cause of commitment ; and the Court, at an early day in the present term, granted a habeas corpus ad subjiciendum, returnable before them, with a view to inquire whether the prisoner should be bailed.
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Charles Tayloe was committed to the common jail of the county of Columbia, during the present term, for having slain one Crandall; but the warrant of commit ment did not recite enough to show a proper cause of commitment ; and the Court, at an early day in the present term, granted a habeas corpus ad subjiciendum, returnable before them, with a view to inquire whether the prisoner should be bailed. Upon the return of this writ it appeared that a coroner’s inquest, having inquired into the case, had returned an inquisition of manslaughter; and the depositions upon which Tayloe was committed,…
1Opinion of the Court
Savage, Ch. justice.
The power of this Court to bail in all cases of crimes punishable by our laws, is not questioned. And whether the prisoner is to be bailed or remanded, rests in the discretion" of the Court. That discretion is to be guided by the circumstances of the case, and a consideration of the authorities applicable to those circumstances.
The writ was allowed in this case for a defect apparent upon the face of the warrant of commitment. No affidavit, therefore, was necessary on the part of the prisoner, stating the circumstances which he might consider as entitling him to relief. But…
2Cited by28 opinions
- People v. Tinder & SmithCalifornia Supreme Court · 1862
- Gushee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- People v. SteinhardtNew York Supreme Court · 1905
- United States v. KeenU.S. Circuit Court for the District of Indiana · 1839
- People v. Van HorneNew York Supreme Court · 1850
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