People ex rel. Acritelli v. Grout
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward M. Grout, comptroller of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of May, 1903, granting the relators’ motion for a peremptory writ of mandamus requiring the appellant to pay to the relators the amount awarded by a justice of the Court of General Sessions of the county of New York to Ambrose H. Purdy, as…
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Appeal by the defendant, Edward M. Grout, comptroller of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of May, 1903, granting the relators’ motion for a peremptory writ of mandamus requiring the appellant to pay to the relators the amount awarded by a justice of the Court of General Sessions of the county of New York to Ambrose H. Purdy, as compensation for services rendered by the latter as counsel in a capital case. The relators claim under an assignment from Purdy.
1Opinion of the Court
Hatch, J.:
I am not able to concur in the view that section 308 of the Code of Criminal Procedure violates the provisions of article 8, section 10, of the State Constitution. That it does or not depends upon whether the appropriation of public moneys for the defense of an individual indicted for a capital crime is for the exclusive benéfit of the individual so charged or for a county purpose. If the former, it is unconstitutional; if the latter, it is a valid exercise of legislative power. It will not be denied but that the administration of the criminal law is a governmental function, the…
2Cases cited9 opinions
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- People Ex Rel. Gardenier v. Board of SupervisorsNew York Court of Appeals · 1892
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
- People ex rel. Hadley v. Supervisors of Albany CountyNew York Supreme Court · 1864
- People v. HeiselbetzAppellate Division of the Supreme Court of the State of New York · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- People v. SettlesNew York Court of Appeals · 1978
- In re SmileyNew York Court of Appeals · 1975
- People v. PriceNew York Court of Appeals · 1933
- People v. TomaselliNew York Court of Appeals · 1960
- People Ex Rel. Williams v. La ValleeNew York Court of Appeals · 1967
19 more not listed; retrieve them via the Exa API.