Murphy v. People
New York Supreme Court
Certiorari to a Court of Special Sessions of Otsego county. ■ The return stated (among other things) that on the 27 July, 1823, Murphy was brought before Ariel Thayer, one of the Justices of the Peace of Otsego county, on a charge of petit larceny: and, upon his examination and the testimony of the prosecutor, was committed to jail for want of bail to appear at the next Court of General Sessions.
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Certiorari to a Court of Special Sessions of Otsego county. ■ The return stated (among other things) that on the 27 July, 1823, Murphy was brought before Ariel Thayer, one of the Justices of the Peace of Otsego county, on a charge of petit larceny: and, upon his examination and the testimony of the prosecutor, was committed to jail for want of bail to appear at the next Court of General Sessions. On the 29th day of July, and more than 48 hours after the commitment, the Justice certified the cause thereof to Elisha Foote and David Lent, Esquires, Justices Of the same county, and requited them…
1Opinion of the Court
Savage, Ch. J.
Proceedings of the Courts of Special Sessions have frequently been brought before this Court, but their constitutionality has not been questioned, to my knowledge. ■
Those parts of the constitution of this state which relate to this subject, are the following: Aft. 7, sec. 2. “ The trial by jury, in all cases in which it has been heretofore used, shall remain inviolate forever.” Sec. 7. “No person shall be held to answer for a capital, or otherwise infamous crime (except in cases of impeachment, and in cases of the militia when in actual service ; and the land and naval forces in…
2Cited by18 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- People Ex Rel. Murray v. Justices of Court of Special Sessions of PeaceNew York Court of Appeals · 1878
- Jones v. RobbinsMassachusetts Supreme Judicial Court · 1857
- La Croix v. County CommissionersSupreme Court of Connecticut · 1882
- Boyd v. EllisSupreme Court of Iowa · 1860
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