People v. Potter
New York Supreme Court
The prisoner presented his petition to the circuit judge, setting forth, that he was unjustly imprisoned in the bridewell of ijie city of New York, and praying for the allowance of a ha-beas corpus. The keeper of the bridewell in his return to the habeas corpus, set forth the following commitments as the authority by which he held the prisoner in his custody: New York General Sessions of the Peace: The People of the State of JVew York v. George Potter.
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The prisoner presented his petition to the circuit judge, setting forth, that he was unjustly imprisoned in the bridewell of ijie city of New York, and praying for the allowance of a ha-beas corpus. The keeper of the bridewell in his return to the habeas corpus, set forth the following commitments as the authority by which he held the prisoner in his custody: New York General Sessions of the Peace: The People of the State of JVew York v. George Potter. January 8th, 1846. On indictment for an attempt to commit a grand larceny, goods of Edward Jones. On motion of Jonas B. Phillips, Esq., acting…
1Opinion of the Court
Edmonds, J. —
The commitment by the general sessions to
answer to the second indictment is not complained of by the prisoner on these proceedings, and is to be regarded as legal and valid. He has, however, the right to have the other causes of his detention inquired into and determined (ex parte Badgley, 7 Cow. 472).
Those other causes involve the validity of the pardon, and in regard to that, three points are made for the prisoner:
1. That the governor has no right to grant a conditional pardon;
2. That if he has, he has no power to impose exile, or banishment, from the United States, as a…
2Cases cited3 opinions
- State ex rel. Attorney General v. McCartyIndiana Superior Court · 1872
- Ex parte BadgleyNew York Supreme Court · 1827
- People v. JamesNew York Supreme Court · 1804
3Cited by7 opinions
- In the Matter of ____, an AttorneyNew York Court of Appeals · 1881
- People ex rel. Brackett v. KaiserAppellate Division of the Supreme Court of the State of New York · 1924
- People ex rel. Mongno v. LawesAppellate Division of the Supreme Court of the State of New York · 1928
- Roberts v. StateAppellate Division of the Supreme Court of the State of New York · 1898
- In re BeckAppellate Division of the Supreme Court of the State of New York · 1938
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