People v. Kennedy
New York Supreme Court
This case came before Justice Parker, at Chambers, on a writ of liabeas corpus. It was set forth in the petition on which the writ was allowed, that the prisoner was restrained of his liberty in the custody of James McNutt, a police constable, under a warrant issued by John 0. Cole, Esq., a police justice of the city of Albany, for an alleged violation of an act entitled “ An act for the prevention of intemperance, pauperism and crime,” passed April 9, 1855. That on being…
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This case came before Justice Parker, at Chambers, on a writ of liabeas corpus. It was set forth in the petition on which the writ was allowed, that the prisoner was restrained of his liberty in the custody of James McNutt, a police constable, under a warrant issued by John 0. Cole, Esq., a police justice of the city of Albany, for an alleged violation of an act entitled “ An act for the prevention of intemperance, pauperism and crime,” passed April 9, 1855. That on being arrested by the constable and brought before the said justice, the prisoner offered to give bail for his appearance at the…
1Opinion of the CourtParker, J.
The offence with which the prisoner is charged, was created and declared to be a misdemeanor by the 4lh section of the act under which he is prosecuted. It is to be tried before the same tribunals and in the same manner as other misdemeanors, unless the statute has specially directed otherwise.
If the offence charged were any other misdemeanor, the prisoner would have an undoubted right, on being brought before the justice under the warrant, to give bail for his appearance at the next criminal court having jurisdiction. (2 R. S. 709, §21; 710, §29.) The prisoner is thus, in all other like…
2Cases cited1 opinion
- In re SmithNew York Supreme Court · 1833
3Cited by4 opinions
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- People v. Siciliano, New York County Courts1952
- People ex rel. Metropolitan Board of Health v. LaneNew York Supreme Court · 1869
- Knight v. CampbellNew York Supreme Court · 1872