Legal Opinion

People Ex Rel. Marshall v. . Moore

New York Court of Appeals

Decided February 1, 1916PublishedCited by 9 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 26, 1915, which affirmed an order of Special Term dismissing a writ of habeas' corpus and remanding the relator to custody.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 26, 1915, which affirmed an order of Special Term dismissing a writ of habeas' corpus and remanding the relator to custody. The grounds of appeal are that the indictment attached to the requisition by the governor of Massachusetts is formally defective in that it fails to specify “ where the relator did steal,” “in what state, county, country, or city the alleged offense was committed,” “in what form or manner, or by what means the alleged larceny was committed,” “whether the…

1Opinion of the Court

Order affirmed; no opinion.

Concur: Chase, Collin, Cuddeback, Cardozo, Sea-bury and Pound, JJ.; Willard Bartlett, Ch. J., concurs on the sole ground that while proof of the Massachusetts statutes was necessary, it was properly supplied before the Appellate Division and this court.

2Cited by9 opinions

  1. State Ex Rel. Sieloff v. GolzWisconsin Supreme Court · 1977
  2. People Ex Rel. De Martini v. McLaughlinNew York Court of Appeals · 1926
  3. People Ex Rel. Hayes v. McLaughlinNew York Court of Appeals · 1928
  4. People ex rel. Arnold v. HoyNew York Supreme Court · 1961
  5. People ex rel. Grant v. DohertyNew York Supreme Court · 1964

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