People ex rel. Lotz v. Norton
New York Supreme Court
Appeal from order of Queens county judge. Henry Lotz, having been convicted before a court of special-ses-sions in the town of Hempstead for selling liquors without a license, • was sentenced to pay a fine of $25, or, on default thereof, to be imprisoned until paid. He refused to pay the fine, and was committed to jail. He then applied to the county judge for a writ of habeas corpus. The county judge discharged relator from imprisonment, and the people appeal. Affirmed.
1Opinion of the CourtDykman, J.
This is a proceeding under habeas corpus for the discharge of the relator from imprisonment. The relator was charged before George Wallace, a justice of the peace of the town of Hempstead, in Queens county, with violating the excise laws of the state “by selling or giving away intoxicating liquors without having a license therefor.” Upon the reception of such complaint, Justice Wallace issued a warrant for the arrest of the relator, and he was arrested by virtue thereof, and brought before the same justice, where he was arraigned and pleaded not guilty. The relator demanded a trial by jury,…
2Cited by12 opinions
- People ex rel. Johnson v. WebsterNew York Supreme Court · 1895
- People v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1901
- People v. Vogler, New York County Courts1957
- People ex rel. Root v. WasmerNew York Supreme Court · 1951
- People v. Robinson, New York County Courts1957
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