People v. Muldoon
2 Park. Cr. 13
Opinion
The prosécutor' must produce the mittimus to show the prisoner wds legally in his custody. For aught that appears, the prosecutor was illegally detaining the prisoner, and if so, he had á right to resist any attempt of the prosecutor to restrain him of his liberty.
The mittimus was not produced, and the prisoner was acquitted.
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People v. Muldoon, 2 Park. Cr. 13 (N.Y. Ct. App. 1823).
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