The People, Ex Rel. v. . Kelly
New York Court of Appeals
Appeal by Henry Devoe, relator, from a judgment of the General Term in the Third Department of 6th May, 1884, affirming dismissal of a writ of habeas corpus by Hon. George Soramling, county Judge of Otsego county, of March 19, 1884. The relator was convicted, March 3, 1884, at the court of Sessions of Otsego county, of assault in the third degree, and was sentenced to hard labor in the State prison for one year.
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Appeal by Henry Devoe, relator, from a judgment of the General Term in the Third Department of 6th May, 1884, affirming dismissal of a writ of habeas corpus by Hon. George Soramling, county Judge of Otsego county, of March 19, 1884. The relator was convicted, March 3, 1884, at the court of Sessions of Otsego county, of assault in the third degree, and was sentenced to hard labor in the State prison for one year. Before the execution of the sentence, and while relator was still in the custody of John Kelly, Sheriff, Otsego county, he obtained a writ of habeas corpus, alleging that the court of…
1Opinion of the CourtDanforth, J.
After conviction at the Otsego Sessions of the crime of assault in the third degree, the relator was sentenced to be imprisoned at hard labor in state prison, for the term of one year. He was afterward brought before the county judge upon habeas corpus, and on return made by the sheriff that the relator was in custody under this judgment of conviction, he was remanded, and the sheriff directed to carry out the judgment of conviction and sentence. Upon appeal to the General Term, of the Supreme Court, the order of the county judge was affirmed, and it was further ordered that the original…
2Cited by51 opinions
- United States v. PridgeonSupreme Court of the United States · 1894
- People Ex Rel. Marcley v. LawesNew York Court of Appeals · 1930
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
- People Ex Rel. Carollo v. BrophyNew York Court of Appeals · 1945
- People v. KatzNew York Court of Appeals · 1943
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