People ex rel. Lewisohn v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Jesse Lewisohn, 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 30th day of December, 1902, dismissing writs of habeas corpus and certiorari issued respectively in the above-entitled proceedings on behalf of the relator, and remanding him to the" custody of the respondent Michael J. Gannon.
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Appeal by the relator, Jesse Lewisohn, 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 30th day of December, 1902, dismissing writs of habeas corpus and certiorari issued respectively in the above-entitled proceedings on behalf of the relator, and remanding him to the" custody of the respondent Michael J. Gannon. This is a proceeding to determine whether or not Jesse Lewisohn was legally in custody on a charge for a violation of subdivision 6. of section 143 of the Penal Code. The charge is that he “…
1Dissent
McLaughlin, J. (dissenting):
A justice of the Court of Special Sessions of the city of New-York, upon information laid before him to the effect that one Can-field had been, between the 1st day of January, 1901, and the 1st day of December, 1902, conducting a gambling house at No. 5 East Forty-fourth street, in said city, issued a subpoena addressed to the. relator, in obedience to which he attended before the justice, and,, after testifying that he knew Canfield, but had not been in the. premises referred .to prior to December, 1899, was asked the follow*64ing questions: “ Q. Have you ever been…
2Cases cited4 opinions
- People Ex Rel. Taylor v. . ForbesNew York Court of Appeals · 1894
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- Lathrop v. . ClappNew York Court of Appeals · 1869
- Gilpin v. DalyNew York Supreme Court · 1891