Legal Opinion

People ex rel. Hubert v. Kaiser

Appellate Division of the Supreme Court of the State of New York

Decided May 10, 1912PublishedCited by 23 opinions

Appeal by the defendant, Harry M. Kaiser, as warden, etc., and by the People of the State of New York, from a final 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 26th day of February, 1912, as resettled by an order entered in said clerk’s office on the 16th day of April, 1912, discharging a prisoner on habeas corpus.

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Appeal by the defendant, Harry M. Kaiser, as warden, etc., and by the People of the State of New York, from a final 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 26th day of February, 1912, as resettled by an order entered in said clerk’s office on the 16th day of April, 1912, discharging a prisoner on habeas corpus. Also a motion by the relator, Martin F. Hubert, to dismiss the appeal herein. .

1Opinion of the Court

Miller, J.:

On March 22, 1901, the grand jury of the county of New York presented an indictment to the Court of General Sessions against Folke Engle Brandt containing three counts, charging him with the crimes of burglary in the first degree, grand larceny in the first degree, and criminally receiving stolen property, respectively. He appeared in court with counsel on March 25, 1901, and pleaded not guilty.. On March 28, 1901, by leave of the court, he withdrew his plea of not guilty and pleaded “guilty of burglary in the first degree,” óf which an entry was made upon the minutes of the court.…

2Cases cited10 opinions

  1. In Re NeagleSupreme Court of the United States · 1890
  2. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  3. Harlan v. McGourinSupreme Court of the United States · 1910
  4. Yates v. PeopleNew York Supreme Court · 1810
  5. People Ex Rel. Scharff v. . FrostNew York Court of Appeals · 1910

5 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. People Ex Rel. Sabatino v. JenningsNew York Court of Appeals · 1927
  2. People ex rel. Price v. HayesAppellate Division of the Supreme Court of the State of New York · 1912
  3. People v. FullerNew York Court of General Session of the Peace · 1935
  4. People v. Benson, New York County Courts1955
  5. People ex rel. Haines v. HuntAppellate Division of the Supreme Court of the State of New York · 1930

18 more not listed; retrieve them via the Exa API.

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