Haggerty v. . People of the State of N.Y.
New York Court of Appeals
Error to the General Term, of the Supreme Court in the third judicial department to review judgment affirming judgment of the Court of Sessions in and for the county of Albany,' awarding execution of a former sentence of said court, and that the plaintiff in error be returned to Clinton State prison to serve out an unexpired term.
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Error to the General Term, of the Supreme Court in the third judicial department to review judgment affirming judgment of the Court of Sessions in and for the county of Albany,' awarding execution of a former sentence of said court, and that the plaintiff in error be returned to Clinton State prison to serve out an unexpired term. (Reported below, 6 Lans., 332.) At the Albany Sessions, held on the 13th of March, 1872, the district attorney produced to the court an indictment of Haggerty in September, 1868, in the same court, for robbery in the first degree, with the minutes of his conviction…
1Opinion of the CourtRapallo, J.
The proceedings sought to be reviewed in this case were not authorized by any statute of this State nor by any precedent to which we have been referred. The cases, cited by the learned district attorney were all capital cases where, at the time of the recapture of the prisoner, the time appointed for the execution had passed and a new award of execution must be made by the court to render the original judgment effectual. (King v. Okey, 1 Levinz, 61; Ratcliff e's Case, 18 Howell’s State Trials, 430; Bland v. The State, 2 Ind., 608.) The mode of proceeding in cases where, for any reason,…
2Cases cited1 opinion
- Bland v. StateIndiana Supreme Court · 1851
3Cited by8 opinions
- Kamp v. . KampNew York Court of Appeals · 1874
- People Ex Rel. Atkins v. JenningsNew York Court of Appeals · 1928
- Aderhold v. McCarthyCourt of Appeals for the Fifth Circuit · 1933
- In re CrowWisconsin Supreme Court · 1884
- People ex rel. La Placa v. HeacoxAppellate Division of the Supreme Court of the State of New York · 1933
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