New York Criminal Reports : Reports of Cases Decided in All the Courts of the State of New York Involving Questions of Criminal Law And Practice

Cover New York Criminal Reports : Reports of Cases Decided in All the Courts of the State of New York Involving Questions of Criminal Law And Practice
New York Criminal Reports : Reports of Cases Decided in All the Courts of the State of New York Involving Questions of Criminal Law And Practice
Connoly, Theodore, 1846-1913
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Crane.
(37 Misc. 639.) 1. Code Crim. Pboc., Sec. 515.
Section 515 of the Code of Criminal Procedure, providing that the only mpde of reviewing a judgment or order, in a criminal action or special proceeding of a criminal proceeding is by appeal, abolishes review by writ and substitutes review by appeal in all criminal matters.
2. Habeas Corpus — Return Charter Greater New York, Section 710.
A return to a writ of habeas corpus that relator was held in a workhouse under a commitment by a magistra
...te and accompanied a copy of the commitment, and setting forth all the proceedings, need not show on its face any record, whether such person has been com- mitted after January, 1902, as, if relator claims that she is illegally detained, because entitled to the benefit of section 710 of the Greater New York Charter, she should have traversed the return by alleging a state of facts warranting her discharge under said section.
3. Same.
It need not affirmatively appear in the commitment that the magis- trate acquired jurisdiction under a warrant.


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