People ex rel. Hasbrouck v. General Sessions of the City of New-York
New York Supreme Court
This case came before this court on the return to a writ of prohibition, directed to the general sessions, requiring them t.o desist and refrain from any further proceedings upon an indictment against the relator, until the further order of this court.
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This case came before this court on the return to a writ of prohibition, directed to the general sessions, requiring them t.o desist and refrain from any further proceedings upon an indictment against the relator, until the further order of this court. It appeared, from the return, that the defendant was indicted at the general sessions for an offence triable in that court; that the cause was removed into the oyer and terminer by an order of the circuit judge of the first circuit. At a subsequent oyer and terminer the indictment was ordered back to the sessions, without any notice to the…
1Opinion of the CourtBarculo, J.
The statute under which this cause was removed to the oyer and terminer, is found 2 R. S. 731, $ 76, and provides that any person against whom an indictment shall be pending in any court of general sessions, may apply to a justice of the supreme court, circuit judge, or supreme court *145commissioner, for an order to remove such indictment to the court of oyer and terminer of the county in which the same may be found. By the 78th section, the officer to whom such application is made, is required to grant an order for the removal of such indictment, unless it shall appear that the application…
2Cases cited2 opinions
- Eckert v. Yous'Supreme Court of Pennsylvania · 1828
- People v. GayNew York Supreme Court · 1833
3Cited by4 opinions
- Myers v. PeopleNew York Supreme Court · 1874
- Myers v. PeopleNew York Supreme Court · 1878
- People ex rel. Sherwin v. MeadNew York Supreme Court · 1882
- People v. MyersNew York Supreme Court · 1874