Cases of Lynch & Burns
New York Supreme Court
Certiorari to the judge of the' Municipal Court of ¡Rochester, sitting for the police justice, to review the convictions of John Lynch and Michael Burns for vagrancy.
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Certiorari to the judge of the' Municipal Court of ¡Rochester, sitting for the police justice, to review the convictions of John Lynch and Michael Burns for vagrancy. The returns to the writs were filed on February 7, 1881. They showed that the certificate, showing the sickness or absence of the police justice, which is required in order to give the j udge of the municipal court power to act in his place, had been made, but they did not show that it had been filed in the office of the police clerk. The records of conviction did not contain the evidence taken before the magistrate. On February…
1Opinion of the CourtRumsey, J.
On January 5, last, the defendants were arraigned in the court of the police justice of the city of Rochester, upon a charge that they were vagrants. They were tried on that charge before George W. Sill, Esq., one of the judges of the municipal court sitting for the police justice, and were by him convicted of the offense charged, and sentenced to the Monroe county penitentiary for thirty days. From that judgment these writs of certiorari were sued out, the prisoners, in the meantime, being on bail.
The defendants object, to the judgment, that it does not appear that the judge of the municipal…
2Cases cited10 opinions
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- People v. PhillipsNew York Supreme Court · 1847
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3Cited by1 opinion
- People ex rel. Ryan v. WebsterNew York Supreme Court · 1895