Brown v. . the People
New York Court of Appeals
Error to the General Term of the Supreme Court, in the second judicial department, to review judgment affirming judgment of the Court of General Sessions of the Peace in and for the county of Richmond. The nature of the judgment and the facts appear sufficiently hi the opinion. The offence is a misdemeanor and as such was, if imprisonment constituted the judgment, to be suffered in the county jail.
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Error to the General Term of the Supreme Court, in the second judicial department, to review judgment affirming judgment of the Court of General Sessions of the Peace in and for the county of Richmond. The nature of the judgment and the facts appear sufficiently hi the opinion. The offence is a misdemeanor and as such was, if imprisonment constituted the judgment, to be suffered in the county jail. (3 R. S. [Bank's ed.], 980; 2 Gen’l Stat., 779.) The power to create crimes and to fix the punishment therefor was vested solely in the Legislature and not limited by the Constitution. (Barker v.…
1Opinion of the CourtFolger, J.
The plaintiff in error was, on his own plea, found guilty of assault and battery, in the Richmond county sessions, and sentenced by that court “to be imprisoned in the Kings county penitentiary, for the term of six months.”
It is claimed that this sentence is unlawful, because the place of imprisonment named by the court is not the county jail of Richmond county.
“ The king can choose his own prison to detain, as well as his own court to try,” says the court in The King v. The Bishop of Rochester (Fortescue Rep., 101). So can the People; but the People must prescribe by law whát prison or…
2Cases cited1 opinion
- Inhabitants of Taunton v. Inhabitants of WestportMassachusetts Supreme Judicial Court · 1815
3Cited by6 opinions
- Moody v. State Prison.Supreme Court of North Carolina · 1901
- People v. LincolnNew York Supreme Court · 1881
- Moody v. State Prison.Supreme Court of North Carolina · 1901
- State ex rel. Attorney-General v. PetersOhio Supreme Court · 1885
- Wright v. GrantNew York Supreme Court · 1887
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