Legal Opinion

People ex rel. Whitman v. Woodward

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1912PublishedCited by 5 opinions

Return of an alternative writ of prohibition, issued on the 8th day of April, 1912.

1Opinion of the Court

Thomas, J.:

The Code of Criminal Procedure (§ 25) provides: “During the session of the Supreme Court in any county, no person detained in a county jail of such county, upon a criminal charge, shall be removed therefrom by writ of habeas corpus, unless such writ shall have been issued by or shall be made returnable before such court.” Hyde, the respondent herein, was so detained for trial in the Supreme Court in session for the county of Hew York, and upon his petition Mr. Justice Woodward in the county of Kings issued a writ of habeas corpus returnable before himself. The district attorney…

2Cases cited9 opinions

  1. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  2. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  3. People Ex Rel. Jerome v. Court of General Sessions of the PeaceNew York Court of Appeals · 1906
  4. People ex rel. Patrick v. FrostAppellate Division of the Supreme Court of the State of New York · 1909
  5. People Ex Rel. Perry v. . GilletteNew York Court of Appeals · 1911

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State ex rel. Poston v. District Court of Eighth Judicial District, Fremont CountyWyoming Supreme Court · 1924
  2. MacOmber v. AlexanderOregon Supreme Court · 1953
  3. People ex rel. Anderson v. Warden of New York City Correctional Institution for MenNew York Supreme Court · 1971
  4. People ex rel. Robin v. HayesNew York Supreme Court · 1913
  5. People ex rel. Saranac Land & Timber Co. v. Extraordinary Special & Trial TermAppellate Division of the Supreme Court of the State of New York · 1917

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