People v. Martin
New York Supreme Court
On the return to a writ of habeas corpus sued out for the prisoners, it appeared they were detained on a full warrant of commitment for trial on a charge of grand larceny issued by one of the police magistrates of the city. They filed their allegations in answer to the return, setting up that they were arrested without warrant by a person not a police officer.
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On the return to a writ of habeas corpus sued out for the prisoners, it appeared they were detained on a full warrant of commitment for trial on a charge of grand larceny issued by one of the police magistrates of the city. They filed their allegations in answer to the return, setting up that they were arrested without warrant by a person not a police officer. That when taken before the magistrate, he refused to examine the complainant in their presence, though they demanded it and committed them for trial. The allegations also averred the innocence of the accused, and that the money they…
1Opinion of the Court
January 8, 1849,
Edmonds, J.,
delivered his opinion. — It is claimed in this case, in behalf of the prosecution, that the commitment of the magistrate is conclusive upon me, and that I have no right on this return to loot beyond the question of its regularity or that if I do look beyond it, I can look only at the depositions taken before the magistrate.
I had understood the law otherwise, and have always supposed that by means of this writ, the officers who were authorized to allow it, were by its verjr nature clothed with a certain revisory power over those by whose mandate any person might be…
2Cases cited8 opinions
- Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
- Ex Parte KearneySupreme Court of the United States · 1822
- In re ClarkNew York Supreme Court · 1832
- United States v. WatkinsU.S. Circuit Court for the District of District of Columbia · 1829
- Ex parte BeattyNew York Supreme Court · 1834
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State Ex Rel. McCaffrey v. ShanksCourt of Appeals of Wisconsin · 1985
- People ex rel. Bungart v. WellsAppellate Division of the Supreme Court of the State of New York · 1901
- In re MartinU.S. Circuit Court for the District of Southern New York · 1866
- Parker v. StateCourt of Appeals of Texas · 1879