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…
1Opinion of the CourtGray, J.
If the information, which was laid before the magistrate furnished no legal evidence of the commission of a crime by the relator, then he was illegally restrained of his liberty. If the facts shown did not warrant an inference by the magistrate of the existence of probable cause to believe that the crime charged had been committed, he was without jurisdiction to cause the arrest of the relator and the latter was entitled to resort at once for his protection to the writ of habeas corpus. Section 2015 of the Code of Civil Procedure provides that “ a person imprisoned or restrained in his…
2Cases cited2 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Hewitt v. . NewburgerNew York Court of Appeals · 1894
3Cited by80 opinions
- In Re BellCalifornia Supreme Court · 1942
- Wood v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- Bullock v. . CooleyNew York Court of Appeals · 1919
- People Ex Rel. Stabile v. . Warden, Etc.New York Court of Appeals · 1911
- People v. BelcherNew York Court of Appeals · 1951
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