Legal Opinion

People Ex Rel. Hummel v. . Reardon

New York Court of Appeals

Decided October 9, 1906PublishedCited by 10 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 20, 1906, which affirmed an order of Special Term sustaining a writ of habeas corpus and directing the discharge of the relator from custody. The facts, so far as material, are stated in the opinion. The present Code provisions have entirely uprooted the former loose provisions of the Revised Statutes.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 20, 1906, which affirmed an order of Special Term sustaining a writ of habeas corpus and directing the discharge of the relator from custody. The facts, so far as material, are stated in the opinion. The present Code provisions have entirely uprooted the former loose provisions of the Revised Statutes. A convict cannot now be lawfully admitted to hail pending appeal until the judge has responsibly certified that there is reasonable doubt, and an application for such a…

1Opinion of the CourtHiscock, J.

This appeal involves the sole question whether a person convicted of a crime not punishable with death may be admitted to bail pending the determination of an application. for a certificate of reasonable doubt.

The relator was convicted of the crime of conspiracy in Hew York county and sentenced to pay a fine of five hundred dollars and to imprisonment for one year in the penitentiary, and was thereupon committed to the city prison. Upon the same day an order to show cause was granted why a certificate of reasonable doubt should not be granted and a stay of execution directed meantime, and at…

2Cited by10 opinions

  1. Massachusetts v. KlausAppellate Division of the Supreme Court of the State of New York · 1911
  2. People ex rel. Epton v. NennaAppellate Division of the Supreme Court of the State of New York · 1966
  3. In re the Estate of HeiserNew York Surrogate's Court · 1913
  4. People v. MacGregorAppellate Division of the Supreme Court of the State of New York · 1911
  5. People v. SloanNew York Supreme Court · 1943

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