People v. Young
New York Supreme Court
Debt on recognizance. The declaration alleged that “ here-fore, to wit, on &c., at &c., Joseph 13. Ellis was brought before Frederick A. Tallmadge Esq., recorder of the city &c. of New-York, and then and there stood charged with the commission of a grand larceny &c., and thereupon the before named defendant [John Young] personally came before the said Tallmadge &c., and entered into a recognizance in writing”
1Opinion of the Court
By the Court,
Beardsley, J.
The case of The People v. Koeber, (ante p. 39,) controls this case. There the recognizance was taken before a special justice of the city of New-York; and here before the recorder of that city. Each of these officers has, in this respect, the same power, and either may take bail for any crime “ not punishable with death, or imprisonment in the state prison for life.” (2 R. S. 706, § 1; id. 710, § 29, sub. 2; id. 216, §§ 27, 29 ; id. 208, § 5, sub. 2.)
'In The People v. Koeber, the charge was burglary, and as the grade of the offence was not stated, it did not appear…
2Cases cited1 opinion
- M'Carty v. StateIndiana Supreme Court · 1825