People v. Barry
Appellate Division of the Supreme Court of the State of New York
Appeal ¡by the defendant, William Barry, from a judgment of the County Court of Ontario county, rendered on the 25th day of February, 1896, affirming a judgment of a justice of the peace convicting the. defendant of the crime of assault and battery in the third degree.
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Appeal ¡by the defendant, William Barry, from a judgment of the County Court of Ontario county, rendered on the 25th day of February, 1896, affirming a judgment of a justice of the peace convicting the. defendant of the crime of assault and battery in the third degree. January 6, 1896, the defendant was arrested and taken before A. Dunham, a justice of the peace of the town of Manchester, charged with the crime of assault and battery in the third degree, and in the justice’s minutes it is stated that the defendant “ was. informed by me of his right to counsel, witnesses and a trial by a jury.…
1Opinion of the Court
Hardin, P. J.:
Assault in the third degree is one of the crimes enumerated in section 56 of the Code of Criminal Procedure, which section declares that, subject to the power of removal, Courts of Special Sessions have, *464in the first instance, exclusive jurisdiction to hear and determine charges of misdemeanors.
Section 58 of the Code of Criminal 'Procedure provides, viz. : “ When a person is brought before a magistrate charged with the commission' of any of the crimes mentioned in section 56, and asks that his case be presented to the grand jury, the proceedings shall be adjourned for not less…
2Cases cited2 opinions
- People v. CowieNew York Supreme Court · 1895
- People v. FreilewehAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- People v. Loomis, New York County Courts1909
- People ex rel. Cohen v. Warden of Third District PrisonAppellate Division of the Supreme Court of the State of New York · 1912
- People v. GrossmanNew York Supreme Court · 1963