People ex rel. McCabe v. Superintendent of the House of Refuge

New York Supreme Court

People ex rel. McCabe v. Superintendent of the House of Refuge

8 Abb. Pr. 112

DecidedMarch 15, 1870

StatusPublished

This text of 8 Abb. Pr. 112 (People ex rel. McCabe v. Superintendent of the House of Refuge) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. McCabe v. Superintendent of the House of Refuge, 8 Abb. Pr. 112 (N.Y. Super. Ct. 1870).

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Opinion

Ingraham, J.

The statute makes the age as ascertained by the magistrate and inserted in the commitment, to be taken ais the true age of the delinquent.' This is stated as under sixteen years. On habeas corpus the statute requires us to consider that the true age, and the judge cannot go behind the commitment to try that question, any more than the question of guilt on the charge of petit larceny. That can only be reviewed on certiorari. The managers can discharge, and if convinced of the error, I suppose they would execute that power. The prisoner must be remanded on this writ.

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Ingraham, J.

The statute makes the age as ascertained by the magistrate and inserted in the commitment, to be taken ais the true age of the delinquent.' This is stated as under sixteen years. On habeas corpus the statute requires us to consider that the true age, and the judge cannot go behind the commitment to try that question, any more than the question of guilt on the charge of petit larceny. That can only be reviewed on certiorari. The managers can discharge, and if convinced of the error, I suppose they would execute that power. The prisoner must be remanded on this writ.

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Bluebook (online)

8 Abb. Pr. 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-mccabe-v-superintendent-of-the-house-of-refuge-nysupct-1870.