People v. Harmer
New York County Courts
Appeal from an order made on October 4, 1911, by Barton C. Meays, justice of the peace in and for the town of Van B-uren, Onondaga county, 3ST. Y., in which it was held that the defendant is a disorderly person within the provisions of subdivision 1 of section 899 of the Code of Criminal Procedure,, and which said order required the defendant to give the security provided for in section 901, which security was given by the defendant, and this appeal was thereafter taken;
1Opinion of the Court
Ross, J.:
It is claimed by the appellant that the justice of the peace did not have jurisdiction of the person of the defendant, for the reason that the defendant was arrested in Jefferson county,, and at the time of the arrest the warrant was not indorsed by a local magistrate of that county, pursuant to the provisions of sections 156 and 157 of the Code of Criminal Procedure, the warrant not being indorsed until the day after the arrest. The irregularity in the arrest was not jurisdictional. People v. Ebespacher, 79 Hun, 410; People v. Cuatt, 70 Misc. Rep. 453 People v. Jeratino, 62 id. 587.
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2Cases cited3 opinions
- People v. . PettitNew York Court of Appeals · 1878
- Goetting v. . NormoyleNew York Court of Appeals · 1908
- People v. Cuatt, New York County Courts1911
3Cited by3 opinions
- People v. HarrisNew York Court of Special Session · 1928
- People ex rel. Wcisel v. WciselNew York Supreme Court · 1961
- People v. BurkeAppellate Division of the Supreme Court of the State of New York · 2023