People ex rel. Fish v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by The People of the State of New York from an order of the Criminal Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 5th day of July, 1916, sustaining a writ of habeas corpus and dismissing an indictment against the relator, filed in the Court of General Sessions of the Peace in and for the County of Mew York and discharging the relator from custody.
1Dissent
Page, J. (dissenting):
The relator was originally convicted of the crime of forgery in the third degree. An appeal was taken to this court, and the district attorney then argued that subdivision 4 of the second portion of section 889 of the Penal Law, was enacted by chapter 342 of the Laws of 1912 for the purpose of obviating the construction placed by the courts on section 889 (People v. Brown, 140 App. Div. 591; People ex rel. Isaacson v. Fallon, 202 N. Y. 456), and that this new amendment is a comprehensive definition of the kinds of forgeries which section 889 includes and the purposes or…
2Cases cited4 opinions
- People Ex Rel. Stabile v. . Warden, Etc.New York Court of Appeals · 1911
- People v. GoldfarbAppellate Division of the Supreme Court of the State of New York · 1912
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1910
- People Ex Rel. Isaacson v. . FallonNew York Court of Appeals · 1911